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California Commissioned Salespersons May Be Entitled to Separate Compensation for Wide Range of Activities in Addition to Rest...

Commissioned salespersons are employed in a variety of industries. While “outside salespeople” are generally exempt from minimum wage and meal and rest break requirements, so-called “inside” salespeople working at a retail...more

New California Law Prohibits Inquiries Regarding Applicants’ Salary History

• New California law prohibits employers from seeking or relying on applicants’ salary history information when making hiring and compensation decisions. • The law also requires an employer to provide the pay scale for a...more

Final Rule Requires the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has released its final rule amending the executive, administrative, professional, and computer employee exemptions under the Fair Labor Standards Act (FLSA). The new rule, which goes into effect...more

Effectively Managing Workforce Contraction in Turbulent Times - Part 2

The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With recent developments in the industry and predictions that low oil...more

Wage and Hour Division Issues Interpretation Confirming Expansive Standards for Joint Employment Under FLSA

If you read one thing... - The Department of Labor’s Wage and Hour Division issued new guidance emphasizing the broad standards it will apply to determine whether an employer is a “joint employer” under the FLSA. ...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 Passes New Equal Pay Law

If you read one thing... - California legislature has passed amendments to the California Fair Pay Act, which the Governor has said he will sign into law. - The amendments expand protections against inequality...more

2nd Circuit Vacates Plaintiffs’ Partial Summary Judgment and Class Certification in Intern Cases

Last week, in two closely watched cases, the U.S. Court of Appeals for the 2nd Circuit vacated a 2013 district court decision that: (i) found individuals working on the film Black Swan to be improperly classified as...more

7/8/2015

Proposed DOL Rule Seeks to Require the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more

Effectively Managing Workforce Contraction in Turbulent Times

The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With predictions that low oil prices will extend well into 2016, such...more

California to Mandate Paid Sick Leave

On September 10, California Governor Jerry Brown signed bill A.B. 1522—officially known as the Healthy Workplaces, Healthy Families Act of 2014—requiring California employers to provide employees with at least three paid sick...more

California Supreme Court Upholds Class Waivers In Employee Arbitration Agreements, But Not Waivers Of Representative Claims Under...

Yesterday, the California Supreme Court, in Iskanian v. CLS Transportation Los Angeles, LLC (Case No. S204032), upheld a class action waiver in an arbitration agreement between an employee and his employer. The Supreme Court...more

Increasing Scrutiny of Employee Pay Cards

The use of pay cards (i.e. prepaid payroll debit cards) to pay employee wages has come under increased scrutiny in recent weeks. One current controversy over pay cards stems from a class action lawsuit filed against a...more

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