Labor Code

News & Analysis as of

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

New Labor Code approved in Kazakhstan

On 23 November 2015, the President of Kazakhstan approved the new Labor Code, which will take effect on 1 January 2016. Because of the significant number of changes and their importance to both employers and employees, we...more

Wait’s Over: IRS Says Waiting Time Penalties Aren’t Wages

We’ve long known that California law does not treat Labor Code Section 203 penalties as “wages.” Earlier this year, the IRS published its view on how to treat those penalties (often referred to as “waiting time penalties” or...more

Filing of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court

It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against...more

Apple Bags a Big Win: District Court Grants Summary Judgment Against Class in Employee Bag Check Litigation

In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that...more

California Employers Facing Claims For Wage Statement Violations Catch Minor Break From California Legislature But Must Act Fast

The California Legislature has not been particularly kind to employers within the state in recent years and has increased employers’ compliance obligations by enacting measures requiring paid sick leave and gender wage...more

An Easing of Brazil’s Restrictive Labor Laws? Only Time Will Tell

Brazil’s troubled economy has been making global headlines for the past few months. After five years of growth, understood now to have largely been fueled by China’s seemingly insatiable hunger for commodities, the economy...more

Court Blocks Attempt to Circumvent the Med-Legal Process

On October 28, 2015, the Second District Court of Appeal, Division Six, published its opinion in Margaret Batten v. Long Beach Memorial Hospital, B260916, in which it determined that a self-procured medical-legal report...more

New York’s Wage Deduction Law in Effect for Three More Years

On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from...more

California Law: Asking Potential Employees About Arrests and Convictions

Business leaders often ask whether pre-employment tests and matrices are better for employers than face-to-face interviews at predicting a job candidate’s success. This month, at my quarterly breakfast seminar, I spoke about...more

Who Are My Employees?

The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also for the employees of...more

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