The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more
10/5/2018
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Federal Arbitration Act ,
Gender Identity ,
Independent Contractors ,
Public Sector ,
Retaliation ,
Salary/Wage History ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour
The Supreme Court today handed auto dealerships—especially those on the west coast—a long-awaited 5-4 victory by holding that service advisors are exempt from the Fair Labor Standards Act’s overtime-pay requirement because...more
4/2/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
Call it ironic, but even providers of legal services are targets for pay equity litigation. Case in point: a $300 million dollar class action lawsuit filed against a labor and employment law firm in the U.S. District Court...more
1/22/2018
/ Arbitration Agreements ,
Class Action ,
Compensatory Damages ,
Declaratory Relief ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Job Applicants ,
Law Firm Associates ,
Law Firm Ownership ,
Law Firm Partners ,
Pay Equity Laws ,
Punitive Damages ,
Retaliation ,
Salary/Wage History ,
Underpayment ,
Wage and Hour
The 9th Circuit Court of Appeals recently affirmed a lower court’s dismissal of “day of rest” claims brought by two former hourly employees against retail giant Nordstrom. The court determined that the employees were not...more
10/6/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Day of Rest Laws ,
Employer Liability Issues ,
Former Employee ,
Labor Law Violations ,
Nordstrom Inc. ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The San Francisco Board of Supervisors has just added two new employment ordinances to the burgeoning list of employment-related ordinances in the City by the Bay. First, the Parity in Pay Ordinance prohibits employers from...more
7/21/2017
/ Breastfeeding ,
Employer Liability Issues ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Pay Gap ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Salary/Wage History ,
San Francisco ,
Undue Hardship ,
Wage and Hour
The U.S. Supreme Court held today in a 6 to 2 decision that “structured dismissals” resolving Chapter 11 bankruptcy proceedings cannot deviate from the Bankruptcy Code’s priority scheme without the consent of the affected...more
3/23/2017
/ Absolute Priority Rule ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Truck Drivers ,
Czyzewski v Jevic Holding Corp ,
Priority Debt ,
Priority Rules ,
SCOTUS ,
Structured Dismissals ,
Unpaid Wages ,
Wage and Hour ,
WARN Act
On September 12, 2016, Governor Jerry Brown signed the Phase-In Overtime for Agricultural Workers Act of 2016 (AB 1066) into law, providing more stringent overtime protections for agricultural workers. California law...more