Labor Code

News & Analysis as of

Pay-To-Play Meets The California Labor Code

In 2010, the Securities and Exchange Commission adopted a rule (17 CFR § 206-4(5)) prohibiting an investment adviser from providing advisory services for compensation to a government client for two years after the adviser or...more

California prohibits employee agreements providing for out-of-state venue or law

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute...more

Employers Act Even Before Additional Protections for Victims of Domestic Violence Are Law

California Gov. Jerry Brown recently signed AB 2337, strengthening the job protections for victims of domestic violence, and ensuring those who work for employers with 25 or more employees are notified of protected time-off...more

Litigating California Wage & Hour and Labor Code Class Actions

Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

Impact of new French labor law on franchise network

After much toing and froing, the new French labor law (sometimes also referred to as " The El Khomri Law " was finally passed by Parliament on the 8th of August 2016 . Among the articles of this Law, one of the goals of...more

Après maintes péripéties, la nouvelle loi travail française (parfois aussi dénommée “Loi El Khomri”) a finalement été promulguée...

Après maintes péripéties, la nouvelle loi travail française (parfois aussi dénommée “Loi El Khomri”) a finalement été promulguée par le parlement le 8 aout 2016. Parmi les 123 articles de cette loi, dont l’un des buts...more

California Phases in More State Law Overtime Pay for Agriculture Workers

California Governor Brown has signed AB 1066, or the Phase-In Overtime for Agricultural Workers Act of 2016. The new law does two things. First, it phases in for agriculture employees the same overtime requirements that...more

Employers' Legislative Update: Governor Brown Signs New Bills

Tis the season for new laws in California and not all of it brings good tidings and cheer for employers. Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more

EU Retail News – September 2016

UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote. This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and...more

New Forms Offer Flexibility for Employees Seeking Maternity Leave in Mexico

Pursuant to the November 30, 2012, amendment to the Mexican Federal Labor Law (FLL) that took effect on December 1 of the same year (the “Reform”), the FLL incorporated, among other things, changes in the law focused on...more

France Instates ‘Right to Disconnect’ into Labor Code

The right to disconnect is within the new legal framework Law of 8 August 2016 relating to Work, Modernization of Social Dialogue, and Securitization of Professional Processes called “Labor Law.” With the rise of many...more

China Ministry of Human Resources Issues Three New Regulations to Strengthen Enforcement of Labor Laws in 2017

Within the space of two months, the China Ministry of Human Resources and Social Security ("MHRSS") has issued three successive regulations aimed at strengthening enforcement of labor laws and regulations and ensuring...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

What's next for UK employment law?

In this time of flux, as we await the trigger of Article 50 and the results of negotiations between the UK and the EU, it is extremely difficult to predict what's next for UK employment law. As we have previously commented,...more

Amendments to the Polish Labor Code - Employment contract needed before starting work

Following the amendments to the Polish Labor Code effective on 1 September 2016, an employee may start work only if beforehand: - a written employment contract has been signed; or - if there is no signed,...more

The risks of co-employment liability in France

Against a background of financial crisis and corporate restructurings, French workers have taken to the ramparts. Employees dismissed "for economic reasons" have, in increasing numbers, been filing complaints under the Labor...more

AB 2535 Expands Exceptions to Tracking Hours Requirements on Itemized Wage Statements

Prompted, in part, by a 2015 federal court decision which held that employers must state the total hours worked by outside sales persons, Assembly Bill 2535 amends Labor Code section 226 to further clarify the categories of...more

Retirees Have Standing to Assert Statutory Wage Claims

In McLean v. State of California, et al., Case No. S221554, published August 18, 2016, the Supreme Court of California held that Labor Code sections 202 and 203, which govern prompt payment of an employee’s final wages, apply...more

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more

Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed with Cause

At common law, a non-unionized employee may be dismissed without cause or reasons if he or she is given reasonable notice of termination or pay in lieu. However, for non-unionized federal employees, the Supreme Court of...more

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

A Bump in the Road for California’s Piece Rate Employers

On Monday, July 25, 2016, the Fresno County Superior Court denied a request to postpone the deadline for qualified employers to notify the Department of Industrial Relations (DIR) of their election to participate in the...more

Clarifications Regarding Trial Period by the French Supreme Court

With two decisions dated March 31 and April 15, 2016, the Employment Division of the French Supreme Court (“Cour de cassation”) clarified the legal framework applicable to trial periods. The Supreme Court explained how to...more

Employee Requests For Payroll Records: Haste Makes, er, a Hash of Things

Conventional wisdom notwithstanding, employers are people or, if they are not, they are staffed by people. People often take short cuts. HR workers are no different from anybody else. They are prone to take the shortest...more

BDO’s 2016 Manufacturing Risk Factor Report

The 2016 BDO Manufacturing RiskFactor Report examines the risk factors in the most recent 10-K filings of the largest 100 publicly traded U.S. manufacturers across five sectors including fabricated metal, food processing,...more

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