Labor Code

News & Analysis as of

California PAGA Amendments Will Expand Labor Officials’ Involvement in PAGA Claims

On June 15, 2016, the California Legislature approved Governor Jerry Brown’s budget. As part of the budget, the Legislature passed SB 836. Included as part of this 96-page budget “trailer bill” are a number of amendments to...more

Avoid Common Mistakes When Creating Commission and Bonus Plans

Commissions and bonuses represent a significant component of the compensation packages of many employees. California Labor Code section 2751 requires commission agreements to be set forth in writing, and requires employers to...more

Changes to the Labor Code of Ukraine concerning probation period (Ukrainian)

On 12 June 2016 Law no. 1367-VIII “On Amendments to the Labor Code of Ukraine (Concerning the Probation Period)” dated 17 May 2016 (the Law) came into force. The Law extended the list of persons to whom the probation...more

Changes to the Labor Code of Ukraine concerning probation period

On 12 June 2016 Law no. 1367-VIII “On Amendments to the Labor Code of Ukraine (Concerning the Probation Period)” dated 17 May 2016 (the Law) came into force. The Law extended the list of persons to whom the probation...more

Latest changes in Romanian employment legislation you need to know about

Despite many proposals and initiatives, mostly by large-scale union organizations, neither 2015, nor the first quarter of 2016 brought major changes in this field. Still, a few recent amendments are worth mentioning, as they...more

Harcèlement moral : la fin de la responsabilité automatique de l’employeur sur le terrain de l’obligation de sécurité de résultat

La Chambre sociale de la Cour de Cassation, par un arrêt rendu le 1er juin 2016 (Cass. soc., 1er juin 2016, n°14-19.702) applique en matière de harcèlement la jurisprudence « Air France » relative à l'obligation de sécurité...more

An overview of Bill S-201: An Act to prohibit and prevent genetic discrimination

On May 3, 2016, Bill S-201, An Act to prohibit and prevent genetic discrimination, was given its first reading in the House of Commons. Originally introduced and recently passed in the Senate as a private Member’s bill, the...more

Ready, Set: Time to Add Ready-Mixed Concrete to “Public Works” Definition

Public works contracts awarded on or after July 1, 2016 will be subject to the more expansive definition of public works added by California Assembly Bill 219 (Daly). For purposes of Article 2 of California’s Labor Code,...more

The organization of the staff representatives’ meetings: the enlightenment of the Decree of 12 April

Law no. 2015-994 of 17 August 2015 relating to social dialogue and employment (the so-called ‘Rebsamen law’) implemented a significant number of measures designed to simplify employer/staff representatives’ relationships, and...more

In NY, What is a “Elevation-Related Hazard?”

Roughly two weeks before annual National Stand-Down Week (May 2-6), New York’s Appellate Division, RebarGridSecond Department, in Vitale v. Astoria Energy II, LLC, affirmed a trial court’s dismissal of a worker’s personal...more

Is the new "DUP" resulting from French Rebsamen Law really a simplification?

The so-called "Rebsamen" Law No. 2015-994 of August 17, 2015 amended the rules and the scope of the so-called unified personnel delegation ("DUP"). French Decree No. 2016-345 of March 23, 2016 completed this reform. From a...more

A Typo In Your Paystubs Could Cost You Millions

Imagine being sued by every single one of the employees who worked for you over the past four years because your paystubs have an extra comma in your company’s name. Or because the zip code is missing from your company’s...more

Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

In City Of El Centro v. David Lanier (State Building And Construction Trades Council Of California, AFL-CIO), the 4th appellate district upheld by a 2-1 majority the constitutionality of Labor Code section 1782, which...more

Gimme Shelter: A Safe Harbor Deadline Looms for California Piece-Rate Employers

Piece-rate employers in California have faced a surge of class action lawsuits in recent years seeking substantial sums for the failure to separately pay for rest breaks and nonproductive time. On January 1, 2016, California...more

Till Death Do You Part—Wages Of The Dearly Departed

When an employee dies, employers ask, “Who gets the employee’s wages, and how do I pay them without getting into trouble?” While employers might be tempted to consult the California Labor Code (see discussion of payment of...more

As Election Approaches, Beware of Laws Protecting Political Affiliations and Opinions

The 2016 California primaries and general election are fast approaching, and discussion of political issues is certain to intensify in the coming months. While every presidential election prompts the expression of political...more

New insights on the regime of the agreed termination

In France, after the signature of the agreed termination form between the employer and the employee, the parties have 15 calendar days to withdraw their consent. At the expiry of this cooling-off period, the employer or the...more

Employers Can Demand Departing Employees Repay Training Costs

Training new employees is expensive. That is particularly true when an employer offers to pay for an employee’s educational training. The benefits of doing so include a more educated and well-trained workforce, as well as...more

No Free “Train” Ride for This Ex-Employee: Court Sides With Employer And Orders Quitting Employee To Pay Back Training Costs

In USS-Posco Industries v. Floyd Case (Ct. of Appeal A140457), published January 26, 2016, the Court of Appeal for the First Appellate District enforced an agreement requiring an employee to repay the costs of employer paid...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

California’s New Fair Pay Act Seeks to Close Loopholes and End Gender Pay Gap

California’s amended Fair Pay Act went into effect January 1, 2016 and seeks to eliminate loopholes in the existing equal pay law that prohibits paying women less than men, and vice versa, for performing substantially similar...more

New Law Extends Retaliation Protections to Family Members

Assembly Bill 1509 amends sections 98.6, 1102.5, and 6310 of the California Labor Code by extending certain retaliatory protections afforded to employees to their family members who work for the same employer. Under existing...more

New Law Gives Labor Commissioner Authority to Enforce Local Overtime and Minimum Wage Laws

By amending sections 558, 1197, and 1197.1 of the California Labor Code, Assembly Bill 970 authorizes the Labor Commissioner to investigate and, at the request of local government, enforce local laws regarding overtime hours...more

Managing PAGA Claims: A Recent Decision Points the Way to Defeat Representative Actions

A recent federal court decision illustrates how defendants may be able to defeat PAGA claims in California. Brown v. American Airlines, Inc., No. CV 10-8431-AG (PJWx), 2015 WL 6735217 (C.D. Cal. Oct. 5, 2015) is the latest...more

California Court Of Appeal Holds Gentry Is Still Good Law Where FAA Does Not Apply

A California appellate court recently held in Garrido v. Air Liquide Industrial U.S. L.P that the rule set forth in Gentry v. Superior Court, 42 Cal.4th 443 (2007) remains valid so long as the Federal Arbitration Act (“FAA”)...more

163 Results
|
View per page
Page: of 7
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×