Latest Publications

Share:

Adolph v. Uber Technologies, Inc.: Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims May Still Litigate...

To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation....more

Federal Court Ends California’s Ban on Mandatory Employment Arbitration Agreements

The Federal Arbitration Act preempts state laws that inhibit parties from entering into arbitration agreements. In Chamber of Commerce v. Bonta, the Ninth Circuit ruled that the Federal Arbitration Act preempts...more

Employment Law in the Golden State: 2023 Updates

A number of recent case law and regulatory updates—at both the state and federal levels—carry important implications for California employers in the upcoming year....more

New California Law Expands Pay Transparency and Reporting Requirements

As of January 1, 2023, California will require most employers to disclose “pay scale” information in job postings. SB 1162 also imposes a host of new reporting and pay transparency requirements for larger employers, including...more

ESG over the 2022 Proxy Season

Pillsbury lawyers review the 2022 Proxy Season and offer practical tips on how to leverage auditing in your organization’s ESG strategy. Consider trends seen during the 2022 proxy season, anticipate next year’s lightning...more

See You in Court? Under New Federal Law, Sexual Harassment Claims Are Not Subject to Mandatory Arbitration

The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more

One More Time: 2022 COVID-19 Supplemental Paid Sick Leave for California Employees

Employers with 26 or more employees are required to comply with the new COVID-19 supplemental paid sick leave starting February 19, 2022, but employer obligations will be retroactive to January 1, 2022, and remain in effect...more

Recalculating the Cost of Lunch

The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.” The California Supreme Court held that employers must pay non-exempt...more

Significant Changes Ahead for California Employers, Effective January 1, 2020

California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential. Employers...more

How Employers Should Respond to the Trump Administration’s Final Overtime Rule

The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more

California Mandates Employment Classification for Many Workers, Codifying Dynamex’s ABC Test

Recommendations for employers before new law goes into effect on January 1, 2020 On September 18, 2019, California Governor Gavin Newsom signed into law a bill making it risky for employers (regardless of size) to classify...more

California Laws Change Legal Landscape on Sexual Harassment

Golden State’s new anti-harassment acts make it easier for employees to assert sexual harassment claims. Statutes also increase training requirements and limit non-disclosure agreements. Governor Jerry Brown signed several...more

Supreme Court Rescues the Collective Action Waiver in Employee Arbitration Agreements - Epic Systems v. Lewis resolves a circuit...

The U.S. Supreme Court held that arbitration agreements governed by the Federal Arbitration Act (FAA) may lawfully prohibit collective and class actions in employment disputes. State laws, such as the California Private...more

Upending the Gig Economy?

California Supreme Court’s new Dynamex test may throw a wrench into business models that rely on independent contractors. The California Supreme Court has imposed a new test for determining who is an independent contractor...more

SCOTUS: Whistleblowers Must Report Out to the SEC or No Dodd-Frank

Rejecting contrary SEC regulation, Court holds that Dodd-Frank does not protect whistleblowers who report up internally but do not report out to the SEC. Supreme Court resolves circuit split over Dodd-Frank Act’s...more

A Sexual Harassment Sea Change for Employers?

Social media supercharges the potential for sexual harassment allegations involving work colleagues and could lead to consequences for employers who fail to act quickly and appropriately. Recent events herald a change in...more

California Supreme Court Punts on FAA Preemption - Court invalidates waiver of public injunctive relief, declines to address...

Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more

SEC Continues Crackdown on Employer Whistleblower Restrictions

Takeaways: - SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries. - Express disclosure of these rights in severance...more

New Legislation Makes San Francisco the First City to Mandate Fully Paid Parental Leave for Employees

On April 5, 2016, the San Francisco Board of Supervisors unanimously approved legislation that would require most San Francisco employees to receive six weeks of fully paid parental leave. The new ordinance requires nearly...more

Ninth Circuit Validates Rules Prohibiting Inclusion of “Back of the House” Employees in Tip Pools Even for Employers Not Taking a...

Employers in the hospitality industry have been increasingly assessing and updating their tipping practices over the past several years, with some even eliminating tipping all together, affecting both their bottom lines and...more

The U.S. Department of Labor Moves to More Than Double Minimum Salary Levels: Proposed changes may impact millions of exempt...

On July 6, 2015, the U.S. Department of Labor published a long-awaited Notice of Proposed Rulemaking (NPRM) to amend the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime...more

New California Legislation Mandates Paid Sick Days for Employees.

On September 10, 2014, California Governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“the Act”). The Act grants nearly all California employees the right to at least three...more

New Threat to “Bring Your Own Device” Policies: Employer Required to Reimburse Personal Cell Phone Expenses

In a far-reaching decision, the California Second District Court of Appeal held in Cochran v. Schwan’s Home Serv., Inc., Cal. Ct. App. No. B247160, (August 12, 2014) that California Labor Code section 2802 requires employers...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide