U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued its long-awaited ruling on the appeal of a California trial court’s injunction that prohibited the State of California from enforcing AB 51,...more
9/21/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
California ,
Employees ,
Employer Liability Issues ,
Fair Employment Practices Act ,
Federal Arbitration Act ,
Injunctions ,
Labor Code ,
New Legislation ,
State Labor Laws
Arbitration Agreements: Potential for a Reprieve from AB 51 -
As we reported last year, the California Legislature passed AB 51 in an effort to prohibit employers from requiring employees to arbitrate claims under the...more
2/25/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Independent Contractors ,
New Legislation ,
Preliminary Injunctions ,
Security Checks ,
State Labor Laws ,
Wage and Hour
U.S. District Judge Kimberly Mueller, in Sacramento on December 30, 2019, issued a temporary restraining order (TRO) blocking the state of California from enforcing AB 51, and on January 10 extended the TRO until January 31,...more
1/16/2020
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employment Contract ,
Federal Arbitration Act ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State Labor Laws ,
TRO
California Gov. Gavin Newsom on Oct. 10 signed into law Assembly Bill 51. The new law, which goes into effect on Jan. 1, 2020, outlaws forced arbitration of a significant majority of claims employees and former employees can...more
11/1/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Labor Code ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws ,
Supremacy Clause
2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more
12/12/2016
/ Arbitration ,
Class Action Arbitration Waivers ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Events ,
LGBTQ ,
NLRB ,
Paid Leave ,
Separation Agreement ,
Sick Leave ,
Social Media Policy ,
Unfair Competition ,
Wage and Hour
Legislative Update -
Governor Brown recently signed into state law the following employment law bills (among others):
SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more
10/26/2015
/ Anti-Retaliation Provisions ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Background Checks ,
Chipotle Grill ,
Class Action ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Credit Reporting Act (FCRA) ,
Fair Pay Act ,
Federal Arbitration Act ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Labor Code ,
Misclassification ,
Motion to Compel ,
New Legislation ,
Over-Time ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Remand ,
Retaliation ,
SCOTUS ,
Substantially Similar ,
Title VII ,
Transgender ,
Void and Unenforceable ,
Wage and Hour ,
Wage Statements ,
Waivers ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
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
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide helpful reminders for employers drafting, reviewing or enforcing arbitration...more
Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses -
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more
In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on...more
On Premises, On-Call Time Compensable; Sleep Time Not Excluded -
Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more
2/20/2015
/ Affordable Care Act ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Security Guards ,
Wage and Hour
The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including:
Private arbitration companies must provide arbitration data on their websites, in a...more
10/27/2014
/ Arbitration ,
Arbitration Agreements ,
Compliance ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Harassment ,
Internships ,
Sexual Harassment ,
Training ,
Unpaid Interns ,
Workplace Bullying
New Laws Affecting California Employers -
The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including:
Private arbitration companies must provide...more
10/23/2014
/ American Arbitration Association ,
Arbitration ,
Arbitrators ,
Bank Holding Company ,
Customer Lists ,
Discrimination ,
Employer Liability Issues ,
Harassment ,
Joint Employers ,
LinkedIn ,
New Legislation ,
Reporting Requirements ,
Retaliation ,
Sexual Harassment ,
Subsidiaries ,
Trade Secrets ,
Training ,
Unpaid Interns ,
Whistleblowers ,
Workplace Bullying
Partial-Day Leave Deductions Lawful for Exempt Employees -
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more
8/15/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
NLRA ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Retaliation
No Liability for Off-the-Clock Work Absent Employer Knowledge -
A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more
6/18/2014
/ Appeals ,
Arbitration ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Kaiser Permanente ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Pregnancy ,
Reasonable Accommodation ,
Wage and Hour
Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more
Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more
In Peng v. First Republic Bank, a former employee asserting discrimination and other claims challenged the enforceability of the arbitration agreement she signed as a condition of employment. Specifically, she asserted that...more
In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more
In American Express Company v. Italian Colors Restaurant, a non-employment case, the Supreme Court enforced a class action waiver in an American Express (“AMEX”) arbitration agreement despite a restaurant’s objection that the...more