Labor Code

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New California Labor Code Mandates Shared Legal Responsibilities

Does your company use workers provided by another entity, such as a staffing agency? If so, your company will soon have direct responsibility if the provider fails to properly pay wages or carry proper workers’ compensation...more

How To Be The “Responsible Employer” Poster Child

As a California employer, or an out of state dabbler, you likely know that in addition to the various Federal postings that must be displayed for employees in the workplace, California has numerous state specific ones that...more

New Law Makes It Easier to Pursue Claims Against Employers that Use Contracted or Leased Employees

The California Legislature recently passed AB 1897, effective January 1, 2015, which adds Section 2810.3 to the Labor Code. This new law makes “client employers” jointly liable with “labor contractors” for the payment of...more

Guide To Doing Business in New Zealand: Company Law

COMPANY LAW - Some general matters relating to company law in New Zealand are discussed below. REGULATORY SCHEME - The Companies Act principally regulates companies. The Companies Act, together with major...more

California’s Second and Fourth Appellate Districts Split Over Who Should Decide Whether Agreement Authorizes Class Arbitration –...

In Network Capital Funding Corporation v. Papke, G049172, 2014 WL 5035099 (Cal. Ct. App. Oct. 9, 2014), the California Court of Appeal for the Fourth Appellate District declined to follow the reasoning of the Second Appellate...more

New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January...more

Brown Signs AB 1897 Meaning Greater Liability For Employers Who Use Labor Contractors

The new law targets businesses that obtain or are provided “workers to perform labor within its usual course of business from a labor contractor.” The statute’s definition of “labor contractor” excludes bona fide nonprofits,...more

Governor Brown Signs Bill Making Companies Liable for Employment Violations of Independent Labor Contractor Companies

This weekend, California Governor Jerry Brown signed Assembly Bill 1897. This bill creates new Labor Code section 2810.3, which applies to all but a very limited number of companies with 25 or more employees (i.e., the...more

Guide To Doing Business in Australia: Competition and Consumer Protection

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction...more

Guide To Doing Business in Australia: Court and Legal System

COURT AND LEGAL SYSTEM - The Australian legal system is modelled on the English common law system of judge-made (or case) law and written (statutory) law made by the various parliaments. The federal and state...more

Russia: Secondment is beyond the Law?

Prior to 2014, secondment arrangements had not been clearly regulated by either Russian labor or civil law, with many Russian companies operating under the pretense that as long as it is not forbidden, it might as well be...more

Russia: Reining in the Compensations

The RF Labor Code was amended to address certain issues regarding compensation, including with respect to golden parachutes for state companies' employees, which are now subject to various limits....more

Status Updates - September 2014 #3

..In-tweet purchases. Twitter is testing the ability for its users to make purchases directly from tweets. The popular social network is working with a number of sellers, nonprofits and artists—as well as a small handful of...more

Are You Properly Reimbursing Your Employees?

When an employee drives to a client’s office to close the sale, employers know they must reimburse the employee for that mileage. When an employee flies to a work-related convention to work a booth, employers know they...more

Act Now Advisory: California Court of Appeals Holds That Employees Must Be Reimbursed for Using Personal Cell Phones for...

In Cochran v. Schwan's Home Service Inc., the California Court of Appeals posed the following question: "Does an employer always have to reimburse an employee for the reasonable expense of the mandatory use of a personal cell...more

Russian Employment Law: Terms of Employment and Separation

Terms of Employment. Under Russia’s Labor Code, there is a maximum 40-hour work week for employees, and less than that for certain types of jobs and workers, such as for employees working in dangerous environments or...more

Prompt Payment Requirements That Apply to Employees Who Quit Also Apply to Employees Who Retire

California’s Third District Court of Appeal recently concluded that the final wage payment requirements and waiting time penalties prescribed by Labor Code sections 202 and 203 apply not only to employees who quit, but also...more

Indemnification And The Circle Of Litigation

An employee sues his employer for, among other things, violations of the California Labor Code. The quondam employer responds with a counterclaim against its erstwhile employee claiming that to the extent it is liable, the...more

California Public Works Contractors Must Register With State by March 2015

The California Legislature imposed a new registration requirement for contractors and subcontractors involved in public works projects. Senate Bill 854, passed in June, created a registration program, which went into effect...more

NLRB ALJ Finds Civility Requirement in Employer's Social Media Policy Legally Permissible

Federal Administrative Law Judges continue to adjudicate claims brought by the National Labor Relations Board’s general counsel, challenging the legality of employer social media policies. As reported in EmployNews, the NLRB...more

The Commissioned Salesperson Exemption Just Got More Difficult to Establish

Many California employers rely on California's commissioned salesperson exemption from overtime for their inside sales employees. That exemption, however, is becoming increasingly difficult to establish. A recent decision...more

Rite Aid Cashiers Can Proceed with Class Action

In Hall v. Rite Aid Corp., the Fourth Appellate District reversed the trial court’s decertification of a putative class of cashiers who challenged their employer’s policy of requiring them to stand while checking out...more

Are Your Wage Statements Compliant Under Labor Code Section 226?

The California Labor Code is full of potential penalties for the unwary employer. The penalties arguably exist to ensure compliance by unscrupulous employers but often the penalties result in a windfall to employees for an...more

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