In June 2022, we reported on the Viking River case, in which the U.S. Supreme Court addressed the question of whether claims brought under the California Private Attorney General Act (PAGA) could be compelled to arbitration...more
The Biden Plan for Strengthening Worker Organizing Collective Bargaining and Unions specifically endorses several California employment laws as models for the whole country. Accordingly, the many new employment laws set to...more
12/22/2020
/ ABC Test ,
California ,
California Consumer Privacy Act (CCPA) ,
California Family Rights Act (CFRA) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Family and Medical Leave Act (FMLA) ,
Gig Economy ,
Labor Code ,
Paid Sick Leave ,
Personal Protective Equipment ,
Subcontractors ,
Unions ,
Wage and Hour
On April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First Coronavirus Response Act (“the...more
The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual...more
9/12/2018
/ #MeToo ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Brown ,
Job Applicants ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law.
The Court’s unanimous decision throws out...more
The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more
In many states, the practice of paying nonexempt employees a “day rate,” “shift rate” or “job rate,” is gaining in popularity. A day rate occurs when a set amount of pay is guaranteed for a shift without regard to the hours...more
There is no shortage of claims brought by commissioned employees alleging the employer either did not pay, or underpaid a commission due the employee. More often than not, neither the employer nor the employee can figure out...more