The coronavirus is having a substantial impact on the global economy and individual businesses. As affected employers look ahead, many are engaging in contingency planning. This includes looking at the potential need to lower...more
On Wednesday, March 18, the Families First Coronavirus Response Act, which originated in the U.S. House of Representatives, was passed by the Senate and signed into law by President Trump. Among other things, the Families...more
PAGA Generally -
Prior to 2004 employees could sue employers for damages or statutory penalties for Labor Code violations and only the state could sue for civil penalties. In 2004 the California Legislature enacted the...more
After noting that it had “rushed this bill to the floor,” as stated by Representative Louie Gohmert, the House amended H.R. 6201 for what it deemed “technical corrections.” Nonetheless, it appears that several substantive...more
On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit held that disclosure documents given to job applicants pursuant to the federal Fair Credit Reporting Act (“FCRA”) prior to running background checks cannot...more
On September 30, 2018, Governor Jerry Brown of California signed into law several bills aimed at strengthening the rights of an individual alleging workplace sexual harassment. The most impactful of the new bills is the Stand...more
Under the federal Fair Labor Standards Act, a well-established body of law rejects claims for unpaid minimum wages and overtime based on very small increments of time that are administratively difficult to record. This...more
In a broad-ranging decision issued on April 30, 2018, the Supreme Court of California announced a new legal standard to determine whether a worker is an employee or an independent contractor under California law, adopting a...more
On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal...more
Under both federal and state law, overtime compensation owed to a nonexempt employee must be based on the employee’s “regular rate of pay.” That regular rate includes not only the employee’s standard hourly rate but also an...more
On February 26, 2018, the U.S. Court of Appeals for the Second Circuit became the second federal appeals court to rule that Title VII of the 1964 Civil Rights Act (“Title VII”) bars employers from discriminating on the basis...more
On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more
On October 12, 2017, California Governor Jerry Brown signed into law the New Parent Leave Act, a law that will require employers with 20-49 employees to provide up to 12 weeks of unpaid, job-protected parental leave to...more
On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for...more
Last November, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in the case of Nevada v. U.S. Dep’t of Labor that put on hold the U.S. Department of Labor’s Final...more