On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) published long-awaited updates to its guidance on EEO-related issues stemming from the COVID-19 pandemic.
Among other things, the EEOC's updated...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) published long-awaited updates to its guidance on EEO-related issues stemming from the COVID-19 pandemic.
Among other things, the EEOC’s updated...more
6/10/2021
/ Coronavirus/COVID-19 ,
EEO ,
Employee Incentive Plans ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
New Guidance ,
Re-Opening Guidelines ,
Vaccinations ,
Webinars ,
Workplace Safety
In determining lunch hours, every minute counts, at least here in California. The practice of “rounding time” to the nearest five or ten minutes can cost employers dearly — literally in the millions. The California Supreme...more
Since January 1, California businesses have been subject to ramped-up COVID-19 notification and reporting requirements under amendments to California’s Occupational Safety and Health Act, which are designed principally to...more
California has just enacted a slew of employment changes prompted by COVID-19, including expanded sick leave, family leave and workers’ compensation rights, as well as new employer reporting obligations, of which businesses...more
10/5/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Labor Regulations ,
Paid Leave ,
Paid Sick Leave ,
Reporting Requirements ,
Sick Leave ,
Wage and Hour ,
Workers' Compensation Claim
California employers just won a major victory this week when the California Supreme Court issued its long-awaited decision in ZB, N.A. v. Superior Court. The exposure in Private Attorneys General Act (PAGA) cases was...more
9/16/2019
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Damages ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Iskanian v CLS Transportation ,
Pre-Dispute Arbitration ,
Private Attorneys General Act (PAGA) ,
Unpaid Wages ,
Wage and Hour
Creating havoc for employers in California, the California Supreme Court yesterday rejected the federal “de minimis” doctrine for wage and hour regulations. ...more
An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more
11/10/2017
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Dollar Tree ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Retail Market ,
Retailers ,
Wage and Hour ,
Wage Statements
Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more
Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more
5/10/2017
/ CA Supreme Court ,
Employment Litigation ,
Food Service Workers ,
Labor Code ,
Nordstrom Inc. ,
Over-Time ,
Rest and Meal Break ,
Restaurant Industry ,
Retail Market ,
Wage and Hour ,
Waivers ,
Work Schedules
Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
10/1/2015
/ Arbitration ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action ,
Class Certification ,
CLS Transportation ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA)
Yesterday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
9/30/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
CLS Transportation ,
Collective Actions ,
Employment Discrimination ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Unfair Labor Practices ,
Wage and Hour
Settlements of most employment claims include the employee’s promise not to reapply to the settling employer. The reason is if the employee reapplies after getting the settlement money and is then denied new employment, the...more
This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more
1/23/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
The California Supreme Court today confirmed the validity of an employee’s waiver of the right to bring a class action contained in an arbitration agreement. That’s the good news. However, the court also held that these...more