Existing California law prohibits employers from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking who takes time off work for...more
On December 22, 2016, the California Supreme Court addressed two related issues: (i) whether California law requires employers to permit off-duty rest periods – that is, time during which an employee is relieved from all...more
On November 22, 2016, a federal judge in Texas issued a nationwide preliminary injunction prohibiting the Department of Labor from enforcing its new overtime rule doubling the salary threshold to qualify for the Fair Labor...more
The California Supreme Court has issued a recent opinion (Kilby v. CVS Pharmacy, Inc., No. S215614) interpreting, for the first time, California's Wage Order requirement that "all working employees shall be provided with...more
On June 7, 2016, voters in the City of San Diego, California approved, by referendum, the San Diego City Council's minimum wage increase ordinance that had previously been vetoed by Mayor Kevin Faulconer. The ordinance...more
On Wednesday, May 18, 2016, President Obama and the Department of Labor (DOL) announced the publication of a much-anticipated rule raising the salary floors of the "white collar" overtime exemptions under federal law. The...more
On April 4, 2016, Governor Jerry Brown signed California Senate Bill 3, a deal reached between lawmakers and labor unions that will raise the state minimum wage to $15 over several years. The legislation avoids taking the...more
California's Governor Jerry Brown recently signed into law a bill that allows employers to "cure" certain technical defects in employee wage statements. Effective immediately, employers have 33 days to remedy those defects...more
As we previously reported here and here, under California's Healthy Families, Healthy Workplaces Act, effective July 1, 2015, employees who work 30 days or more a year in California are entitled to at least 3 days (or 24...more
On July 15, 2015, the Wage and Hour Division of the Department of Labor (the "DOL") issued a fifteen-page "Administrator's Interpretation" (the "Interpretation") on the appropriate classification of workers as employees and...more
On July 2, 2015, a federal appeals court upended the test companies and courts have relied upon for nearly seventy years to determine whether or not an intern must be paid. Instead, in Glatt v. Fox the Second Circuit Court of...more
On June 30, 2015, the United States Department of Labor ("DOL") proposed a rule to revise the "white collar" overtime exemptions under federal law. The federal Fair Labor Standards Act ("FLSA") generally requires that...more
As we previously reported, the California Legislature passed the Healthy Workplaces, Healthy Families Act of 2014, which requires that companies provide their employees working 30 or more days a year in California with at...more
Employers should review compensation rates for both exempt and nonexempt employees, to ensure compliance with current legal thresholds. Set forth below are rates at the federal level, and for the states and localities that...more
The U.S. Supreme Court recently ruled that an employer was not required to pay its non-exempt employees for time spent waiting to go through security screenings at the end of the workday. In Integrity Staffing Solutions, Inc....more
The Office of Federal Contract Compliance Programs ("OFCCP") recently sent Corporate Scheduling Announcement Letters ("CSALs") to 2,500 federal contractor establishments warning of possible audits. OFCCP sends CSALs to...more
Unlike several other California leave laws, there is no exemption for small employers. The new law applies to employees (exempt and non-exempt) who work in California 30 days or more in a year. This includes temporary,...more
The Ordinance covers applicants and employees who would be or are performing work, in whole or in substantial part, in the city and county of San Francisco (including temporary, seasonal and part-time work, as well as work...more
The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more
In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more
7/30/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Hiring & Firing ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
Trucking Industry
Hiring high quality employees is one of the keys to your company’s growth. As you hire, you will be wise to have in place clear comprehensive offer letters for all of your employees. For those in the U.S., many offer...more