Employment Law Now VIII-145 – Status Update: Injunctions for FTC Non-Compete Ban and DOL Overtime Exemption Regs
Hospice Labor and Employment Trends - Get Up to Speed Fast: What You Need to Know About the New Rules Involving Non-Competes and Exempt Employees
The Burr Broadcast: FLSA Overtime Exemption
DOL’s Expanded Overtime Salary Limits, EEOC’s Sexual Harassment Guidance, NY’s Mandatory Paid Prenatal Leave - Employment Law This Week®
What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
Employment Law Now VIII-143 - Federal Agency Update (Part 2 of 2)
#WorkforceWednesday: The Department of Labor's New Rules and Rising Challenges - Employment Law This Week®
The Burr Broadcast: Proposed Expanded Overtime Rule
Employment Law Now VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE)
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off
FLSA and Wage and Hour Issues for Restaurants
Risk Prevention Strategies: Avoiding Costly FLSA Missteps
Teleworking: Amazing or amazingly complex?
#WorkforceWednesday: Joint Employment, Coronavirus, Medical Marijuana Protections - Employment Law This Week®
Employment Law Now: IV-51 - A New 2020 Vision
Employment Law This Week®: Recalibrating Federal Agencies, Marijuana Legalization, the Changing Nature of Work - Monthly Rundown
[WEBINAR] 2019 Annual Labor & Employment Update
The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA...more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
To determine the minimum rate of pay or salary threshold applicable to certain exemptions from overtime regulations under California law, the Department of Industrial Relations (“DIR”) uses the California Consumer Price Index...more
In Harstein v. Hyatt Corp., the Ninth Circuit Court of Appeals held that Hyatt Corporation (“Hyatt”) violated California law, which requires the payment of all wages at separation, when one of its hotels failed to pay...more
I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more
No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) - Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more
Seyfarth Synopsis: Under the Fair Labor Standards Act (FLSA) and applicable federal regulations, percentage of earnings bonuses can be excluded from the calculation of the regular rate of pay for purposes of calculating...more
In order for an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the administrative exemption,...more
Recientemente se han radicado dos proyectos de Ley independientes con el fin de modificar el Código Sustantivo del Trabajo, particularmente lo que tiene que ver con el trabajo diurno y nocturno y los recargos por trabajo...more
Well, that was fun! Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards...more
Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more
The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more
Key Points - In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held that premiums paid for missed meal, rest or recovery periods must include nondiscretionary pay, not just hourly wages. The decision...more
On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section...more
On July 15, 2021, the California Supreme Court ruled that meal, rest, or recovery period premium payments must be made at the “regular rate of pay” that is used for overtime, not the employee’s base hourly rate....more
Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more
Levanoff v. Dragas, Nos. G058480, G058709, 2021 WL 2621360 (Cal. Ct. App. June 25, 2021) - Summary: Employer did not violate California law by selecting a method of calculating the regular rate of pay that most benefitted...more
The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more
Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granted this extraordinary relief. Apart from clear error, the requirement of showing...more
Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers. The nondiscretionary nature of most bonuses (even those bonuses employers attempt to...more
Seyfarth Synopsis: Two appellate courts applying California law have rejected hypertechnical challenges to the adequacy of wage statements under Labor Code section 226. The decisions provide some clarity, remind us that the...more
On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA") action. Reversing a nearly $102 million...more
Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020) - Chad Starks gave notice to the Labor and Workforce Development Agency (LWDA) of his allegations that his employer (Vortex) had violated certain Labor...more
The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the...more
From independent contractors to privacy to arbitration agreements - the California Legislature was busy in 2019 passing a wealth of new labor and employment laws that impact your business or agency. In this Best Best &...more