Labor Code

News & Analysis as of

The Law Macron: Work on Sundays and in Evenings

The new changes are not drastically different from current law but manage to a make a complex system even more complex. After months of tense discussions in the French Parliament, the Law for the Growth, the Activity,...more

California Court Approves Retaliation Protection For Private Police Report

The California Court of Appeal held last week in Cardenas v. M. Fanaian, D.D.S., Inc. that retaliation claims under California Labor Code § 1102.5 need not be based on a report of employer wrongdoing or promote a fundamental...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Czech Republic

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? In accordance with the Czech Labour Code, it is only permissable to change the rights and duties owed under an employment relationship by...more

California Expands Right to Cure Certain Claims Under PAGA

Assembly Bill 1506 grants relief to employers from frivolous actions under PAGA by allowing employers to cure certain alleged wage statement defects before an employee may recover PAGA penalties....more

Governor Brown Signs Law Allowing Health Care Industry Meal Break Waivers

From 1993 through 2000, Industrial Welfare Commission Wage Orders 4 and 5 contained special meal period waiver rules for employees in the health care industry. Specifically, Section 11(D) of these Wage Orders provided as...more

New California Law Allows Employers to Correct Wage Statements to Avoid Litigation—Review Your Wage Statements Now

On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506). The new law amends the California Private Attorneys General Act (PAGA) to allow employers the right to “cure” certain commonly litigated...more

Private Attorneys General Act (PAGA) Amended to Address Some Excesses

On October 2, 2015, Governor Brown signed urgency legislation (Assembly Bill [AB] 1506) that immediately amends California's Labor Code Private Attorneys General Act of 2004 (PAGA) to address increasing civil litigation...more

9th Circuit Rejects Representative Action Waivers for PAGA Claims

If you read one thing... - With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims...more

California Fair Pay Act: New Obligations for Employers or a Paper Tiger?

Widely lauded as the strongest equal pay legislation in the nation, California’s Fair Pay Act (Senate Bill 358) is now law. Effective January 1, 2016, the new law modifies California’s existing wage discrimination measures by...more

Revolutionary Changes in Fixed-term Employment Contracts

The President has signed an amendment to the Labor Code, which modifies the rules for concluding fixed-term contracts. The limits introduced do not only affect the number of contracts that can be entered into, but also their...more

The “Law Macron” Has Taken Effect: Much Ado About Nothing?

This LawFlash focuses on dismissals and mass redundancies. After months of tense discussions in the French Parliament, the law for the Growth, the Activity and the Equality of Economic Opportunities (Law Macron), which...more

Another Wage and Hour Trap - The Effect of Bonuses Upon an Employee's Regular Rate of Pay

We often focus on wage and hour issues in our Advisories because the rules are technical and often counter-intuitive, leading many employers to make mistakes. When those mistakes are combined with the provisions in the Labor...more

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims

In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy...more

California Legislature Pushes to Limit Employer/Employee Arbitration Agreements

The California legislature recently submitted a bill (AB 465) to Governor Jerry Brown that deters employers from using arbitration agreements that include a provision requiring the arbitration of claims brought against...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

2015 California Labor and Employment Legislation Update: The End (of Session) Is Near…

The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to...more

A Most Nescient Comment?

Monday was the close of the comment period on the Securities and Exchange Commission’s proposed rules with respect to listing standards requiring recovery of erroneously paid incentive compensation....more

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

So, you think you have the next greatest idea for a startup that will knock the socks off of the current big players in your space? We know you’re excited to spend endless nights and countless hours to get your company off...more

Litigating California Wage & Hour and Labor Code Class Actions

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

California Gender Pay Equality Bill To Be Strictest In Nation?

Representing what media observers call the nation’s most aggressive attempt yet to close the salary gap between men and women, SB 358 would substantially broaden California gender pay differential law....more

California Supreme Court May Limit The Scope Of PAGA Plaintiffs’ Access to Statewide Discovery

The California Supreme Court is poised to clarify what limits may apply to burdensome discovery demands in litigation under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”), which allows employees to...more

Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

If you’re a public works contractor in California you’re familiar with prevailing wages. The Prevailing Wage Law, a Depression era law designed to encourage the hiring of local labor, sets a minimum wage that employers must...more

California Moves Toward Ban On Mandatory Arbitration of Labor Claims

On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

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