Labor Code

News & Analysis as of

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

Best in Law: Good News for Employers on Wage, Hour Laws

There is finally some good news for employers in the area of wage and hour laws. Amendments to the Labor Code that went into effect on Oct. 2 provide employers with a limited opportunity to cure technical violations in wage...more

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Employment of foreign nationals specialized staff in Cyprus

The employment of foreign workers in Cyprus has increased sharply over the recent years following the accession of Cyprus to the EU in 2004, and more importantly, the need for specialized, and highly qualified staff for the...more

Introduction of a Unified Status for "Manual" and "Intellectual" Workers in Belgium

Historically, there has been a distinction in Belgian labor law between blue-collar workers and the white-collar workers based on whether they performed manual or intellectual labor (articles 2 and 3 of the Act of 3 July 1978...more

California Court Deems Truck Drivers Employees, Not Independent Contractors

Companies that classify workers as independent contractors are facing increasing scrutiny in court and before administrative agencies. A recent unpublished California Court of Appeal decision in a case titled Garcia v. Seacon...more

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Ninth Circuit Affirms Iskanian Ruling Rendering PAGA Waivers Illegal

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court’s Iskanian v. CLS Transportation Los Angeles, LLC decision (originally summarized in our June 2012 issue), which held...more

Stronger New York Pay Equity Law to Take Effect in January 2016

New York employers take notice: an amendment to New York’s equal pay law (S.1/A.6075) was signed by Governor Cuomo on October 21, 2015. The law amends Labor Law Section 194, which prohibits pay differentials based on gender...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Higher Wages for Computer Software Employees for 2016

The Department of Industrial Relations recently announced an increase in the minimum hourly wage required for certain computer software workers who are exempt from overtime under California Labor Code section 515.5....more

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

Whistleblower Statute Protects Employees From Retaliation For Reporting Personal Matters

A California Court of Appeal in Cardenas v. M. Fanaian, D.D.S., Inc. held that Labor Code § 1102.5, which protects employees from retaliation for reporting illegal conduct to law enforcement agencies, applies to an employee’s...more

California Adopts Landmark Pay Differential Law

Last month, California’s Governor Brown signed new legislation intended to address what the state characterizes as persistent pay gaps between men and women working the same or similar jobs. The law builds on existing...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

New Law Attempts To Clarify Legal Status Of LLC Employee Membership Purchase And Option Plans

California Labor Code Section 407 may be a bit of a surprise to many lawyers both in and outside of the state.  It provides: Investments and the sale of stock or an interest in a business in connection with the securing of a...more

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