Labor Code

News & Analysis as of

Bank Whistleblower Suits Highlight Limits of Employee Confidentiality Agreements

Employers increasingly face the difficult scenario of employees who misappropriate company data in the pursuit of whistleblower claims alleging misconduct by the employer. Such cases can present a complex mix of regulatory,...more

Officers And The Business Judgment Rule

Last weekend I attended a symposium at the UCLA School of Law entitled “Can Delaware Be Dethroned? Evaluating Delaware’s Dominance of Corporate Law”. The event, organized by ever erudite Professor Stephen Bainbridge,...more

Mexico Finalizes Significant Changes to Its Labor Justice System

On February 24, 2017, Mexico’s Official Gazette of the Federation (known as the Diario Oficial de la Federación or DOF) published a decree that reformed and added several dispositions of Articles 107 and 123 of the Mexican...more

The Top Ten Laws That Did Not Pass in 2016 (…But May Pass in 2017)

Each year hundreds of laws are introduced in California’s House of Representatives or Senate, only a fraction of which are ever signed into law. Many laws that are passed, such as last year’s Senate Bill 3 which will increase...more

New Protections for Immigrants

The California legislature has added a new provision to the Labor Code expanding protections from “unfair immigration-related practices” (originally passed in 2013) beyond the retaliation context and extending protections to...more

When Does Permissible Communication Become Impermissible Information In AME Contacts?

On January 23, 2017, the Workers’ Compensation Appeals Board issued its first en banc decision since April 2016. In Bradley Maxham v. California Department of Corrections and Rehabilitation, ADJ3540065, the Board clarifies...more

Important updates in Colombian labor issues as of January 2017

The Colombian legislation introduced new developments in labor issues submitted as of January, 2017. Among these, the most relevant are...more

Employment Law - January 2017 #2

Supreme Court to Decide Validity of Class Action Waivers - Why it matters - After multiple petitions, and amidst a broadening split of the federal appellate courts, the U.S. Supreme Court agreed earlier this month...more

Puerto Rico Redesigns its Business Environment Through an Overhaul of its Employment Regime

In an effort to become more competitive in the face of a flagging economy, an attractive jurisdiction for establishing businesses and creating employment opportunities, and to increase talent acquisition and retention...more

Lien Claimants Ring in New Year With Blizzard of Declarations Under 2017 Legislation

In September 2016, Governor Brown signed SB 1160. This bill is intended to streamline emergency medical services and treatment for accepted industrial injuries. To offset the expected costs of less control over early...more

Top 20 Things You Should Know About the Proposed Puerto Rico Employment Law Reform

Under a new government administration, Puerto Rico employment laws will undergo the most significant transformation in decades with the expected enactment of the “Labor Transformation and Flexibility Act.” In an...more

Employment Law – Rest Break Requirement for On-Call Work

Jennifer Augustus, et al. v. ABM Security Services, Inc. - California Supreme Court (December 22, 2016) - The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim...more

"A to Z" of What California Employers Need to Know for 2017

With the new year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2017. All-Gender/Single-User Restrooms - Beginning March 1,...more

So You’re Going Global! Five Employment Basics for U.S. Companies Expanding Overseas

Your company is doing well in the United States, and you are looking to expand internationally. That can be a very exciting time! But besides the practical logistics (e.g., Do I need to set up a subsidiary to hire someone...more

Labor Code Section 925: Answers to 10 Key Questions About California’s New Limits on Out-of-State Choice of Law and Forum...

On January 1, 2017, California Labor Code Section 925 went into effect. This new provision limits an employer’s ability to require employees to enter agreements that include out-of-state choice of law and/or forum selection...more

The French Codify a Right to Disconnect

Have you heard about the new “right to disconnect” law in France that has finally come into effect on January 1, 2017? Don’t believe all the hype! While the law may be the first in the world to attempt to address the...more

California Supreme Court Tells Employees To Rest Assured

After a years-long battle, the California Supreme Court finally issued a ruling defining what it means for an employer to provide a rest break to non-exempt employees under California law: rest breaks cannot be “on-duty” or...more

When Partnership “Members” Are Employees

Last week, I wrote about how AB 2883 changes the definition of “employee” vis-a-vis corporate directors. See Is A Corporate Director An Employee Subject To Workers’ Compensation? AB 2883 also rewrites the definition of...more

New Year's Resolution for California Employers: Know New Laws Affecting Your Business in 2017

The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more

New Year, New Laws: What California Employers Need to Know for 2017

Once again California will ring in the New Year with a number of new laws affecting employers and employees in the Golden State. Much of this new legislation clarifies existing laws to provide guidance to employers or grant...more

California Employers – New Year, New Rules in 2017

The new year will bring along a variety of new obligations for California employers. Although some of the new laws clarify existing law and provide helpful guidance, several impose additional requirements. This update...more

Loi Travail : le bulletin de paie dématérialisé, nouvelle formule

Le décret d'application ayant été publié le 16 décembre 2016, les nouvelles dispositions de la loi Travail relatives à la dématérialisation des bulletins de paie entreront en vigueur le 1er janvier 2017....more

Pay By Another Name Might Be Salt

Yesterday’s post concerned the classification of directors and officers as employees for purposes of California’s workers’ compensation law. Effective January 1, 2017, California Labor Code Section 3351(c) will define...more

A Possible New Year’s Hangover for Multistate Employers With California Employees

Multistate employers with headquarters located outside California may wake up to a rude surprise on January 1, 2017, as a result of a new California Labor Code law affecting their employment agreements with California...more

Texas Appellate Court Finds Employee on FMLA Leave Is Not Entitled to Unemployment Benefits

In a case of first impression, Texas’s Second Court of Appeals recently examined the issue of whether an employee who is taking leave under the federal Family and Medical Leave Act (FMLA) may obtain unemployment benefits...more

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