Julie Totten

Julie Totten

Orrick, Herrington & Sutcliffe LLP

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Digging Into the New Overtime Regulations

Within the Department of Labor's aggressive regulatory agenda in the last few years, its proposed regulations on the white collar exemptions from overtime generated some of the most significant concerns and anticipation for...more

5/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Will HR Managers Get Cooked? Second Circuit Says Culinary Institute’s Human Resources Director May Face Individual Liability...

Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s...more

4/1/2016 - Employee Benefits FLSA FMLA Paid Leave Popular Termination Wage and Hour

California Bill Seeks to Enable Independent Contractors in the “Gig Economy” to Organize, Bargain, and Strike

In what could prove a harbinger of worker classification developments to come, Assembly Member Lorena Gonzalez (D – San Diego) has proposed AB 1727, “The California 1099 Self-Organizing Act.” The bill, which is at the...more

3/25/2016 - Classification Collective Bargaining Corporate Counsel Gig Economy Independent Contractors Proposed Legislation Wage and Hour

Legislative Updates Employers Should Know About to Avoid Wringing in the New Year

The California legislature played an active role in 2015 by enacting new rules and amendments in many employment areas. The following covers some of the key highlights, some of which became effective on January 1, 2016. Equal...more

1/5/2016 - Fair Pay Act Minimum Wage National Guard Piece-Rate Pay Rest and Recuperation Sick Leave Wage and Hour

It Pays to Play: Judge Finds Costs Still Recoverable By Prevailing Employers in FEHA Cases Post-Williams

On May 4, 2015, the California Supreme Court issued its decision in Williams v. Chino Valley Independent Fire District, holding that unsuccessful FEHA plaintiffs should not be ordered to pay the defendant’s ordinary...more

6/26/2015 - Attorney's Fees CA Supreme Court Cal Code of Civil Procedure FEHA Settlement Offer

Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On Employer Rules and Handbooks

On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many common employment policies....more

3/27/2015 - Employee Handbooks New Guidance NLRA NLRB Popular

Show Me The Money: Yes, Even Corporate Officers Can Collect Dodd-Frank Bounty Awards

On March 2, 2015, the SEC announced a whistleblower bounty award of between $475,000 and $575,000, its 15th under the Dodd-Frank whistleblower program. While the SEC’s order is scant on detail, it does disclose that the award...more

3/12/2015 - Corporate Officers Dodd-Frank Popular SEC Whistleblower Awards Whistleblowers

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

12/23/2014 - Discrimination Employer Liability Issues Military Service Members USERRA Veterans

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a...more

9/23/2014 - Bullying Harassment Sexual Harassment Training Workplace Bullying

Secretly Working Off The Clock—You Don’t Get Paid For That!

Following principles that federal courts have applied in similar cases under the Fair Labor Standards Act, a California appellate court recently confirmed that employers are not liable under the California Labor Code for...more

6/17/2014 - Actual or Constructive Knowledge Employer Liability Issues Exempt-Employees FLSA Wage and Hour

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

5/30/2014 - Banks Class Action Class Certification Contractors Evidence Misclassification Wage and Hour Wages

San Francisco Employers Beware: New Extensive Restrictions on Use of Criminal Background Information

The use of criminal background checks when hiring employees has become even more limited in San Francisco. On August 13, 2014, the recently passed Fair Chance Ordinance (Ordinance) becomes operative requiring employers doing...more

3/12/2014 - Background Checks Ban the Box Criminal Background Checks Job Applicants

California Employers: Test Yourself – Are You Ready for 2014?

If you have employees in California, you are, no doubt, aware that California laws are constantly changing and have a tendency to sneak up on even the best companies. To help prepare you for the year ahead, here are five...more

12/4/2013 - Compliance Exemptions FEHA Whistleblower Protection Policies Whistleblowers Year-End Compliance Checklist Year-End Planning

Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns

As employers welcome a new group of eager interns to their offices this summer, employers may be thinking about the recent wave of class action lawsuits alleging that unpaid internships violate minimum wage and overtime laws....more

5/23/2013 - Class Certification Commonality FLSA Unpaid Interns

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more

2/13/2013 - Class Action Class Certification Decertify FLSA Opt-In Over-Time Rule 23 Trial Plan

California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces Arbitration Agreement under Concepcion

Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more

1/30/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act FLSA Macy's NLRB Preemption Wage and Hour

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