Marlene Nicolas

Marlene Nicolas

Sheppard Mullin Richter & Hampton LLP

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Latest Publications


DOL Makes Last-Minute Tweaks to New Overtime Exemption Rules

In March 2014, President Obama signed an executive order directing the Department of Labor to revise its aging rules governing overtime pay for white collar employees. The Department solicited comments from the public on an...more

5/21/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Misclassification Non-Exempt Employees Over-Time Standard Duties Test Unpaid Overtime Wage and Hour White-Collar Exemptions

Onward and Upward – California’s Minimum Wage And Paid Family Leave Benefits Set To Increase Substantially Over The Next Few Years

April 2016 has proven fruitful for California employees. Last month, Governor Brown approved a series of gradual increases raising the statewide minimum wage rate in California to at least $15.00 by 2022. A week later the...more

5/5/2016 - Governor Brown Minimum Wage Paid Family Leave Law Paid Leave Parental Leave Wage and Hour

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016. Some of these laws impose new prohibitions on employers, while others provide positive benefits such...more

12/4/2015 - Commercial Truck Drivers E-Verify Equal Pay Independent Contractors Medical Leave National Origin Discrimination New Legislation Reasonable Accommodation Retaliation Wage and Hour Whistleblowers

Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of...more

11/17/2015 - Disparagement Facebook NLRA NLRB Protected Concerted Activity Section 7 Social Media

60-Day Public Comment Period Commences On Proposed FLSA Overtime Exemption Rule Changes

On Monday, July 6, 2015, in response to a March 2014 executive order signed by President Obama, the Department of Labor (“Department”) published a Notice of Proposed Rulemaking (“NPRM”) that will more than double the minimum...more

7/8/2015 - DOL Exempt-Employees FLSA Multi-Factor Test NPRM Proposed Regulation Wage and Hour White-Collar Exemptions

U.S. Supreme Court Holds Agency Interpretations Are Not Subject To Notice-and-Comment Rulemaking Requirement

In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption. In 2006, the Bush DOL issued an opinion letter finding that mortgage loan officers qualified for the...more

3/17/2015 - Administrative Exemption Administrative Procedure Act Chevron Deference DOL Exempt-Employees FLSA Mortgage Loan Officer Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS

California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training

California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training required by...more

3/11/2015 - Abusive Conduct Training Anti-Harassment Policies Workplace Bullying

UPDATE: SCOTUS Denies Petition For Cert In Iskanian

On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC. While the Court in Iskanian confirmed that an express class action waiver in an employment...more

2/3/2015 - Appeals Arbitration Arbitration Agreements Class Action Arbitration Waivers Employment Contract Federal Arbitration Act Iskanian Iskanian v CLS Transportation PAGA Petition for Writ of Certiorari Preemption Public Policy SCOTUS

Is Your Criminal Screening Process Compliant?

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace...more

5/31/2013 - Ban the Box Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing Job Applicants Workplace Violence

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