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California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
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The aerospace and defense industry operates in a complex regulatory environment in which labor and employment law is continuously evolving. Recent developments relating to the Uniformed Services Employment and Reemployment...more
This wonderful nation – and the working economies it affords – will remain the land of the free only so long as it is the home of the brave. That philosophy is advanced in the workplace through the statutory and regulatory...more
As the name suggests, the United Services Employment and Reemployment Act (“USERRA”) requires employers of active-duty service members to hold open the employee/service members job while deployed—whether overseas, for...more
USERRA prohibits an employer from discriminating against an employee because of their past or current military service. Specifically, USERRA prohibits an employer from denying service members initial employment, reemployment,...more
As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more
Most employers are well aware that the Uniform Services Employment and Reemployment Rights Act, (“USERRA”) requires businesses to grant protected leave to employees called to active duty or engaged in reserve training. ...more
On February 19, 2023, the City of San Francisco’s new ordinance, the Military Leave Pay Protection Act (“MLPPA”), went into effect, which requires private San Francisco employers who have at least 100 employees worldwide, to...more
Do you have to pay an employee on military leave? Generally, you only have to pay for military leave if you pay employees on “comparable” leaves. So what is a comparable leave? In Clarkson v. Alaska Airlines, Inc., the Ninth...more
Thanks to a recent ruling by the federal Ninth Circuit Court of Appeals (which covers California, Oregon, Washington, Idaho, Montana, Nevada and Arizona), Alaska Airlines now faces a jury trial in a class action claim that it...more
On Feb. 1, 2023, the U.S. Court of Appeals for the Ninth Circuit held that employers who provide paid short-term leave for some reasons — such as for sickness, bereavement or jury duty — must also pay employees who take...more
Since the Seventh Circuit rendered its 2021 groundbreaking decision in White v. United Airlines, Inc., et al.—becoming the first federal appellate court to hold that employers may need to pay employees who take leave pursuant...more
So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
In the wake of the recent Ukraine invasion, more U.S. troops are being deployed to Europe to support NATO countries. Among these are members of the National Reserve and National Guard, who typically maintain civilian jobs...more
In February of 2021, we published an Alert on the Seventh Circuit’s groundbreaking decision in White v. United Airlines, Inc., et al., in which it became the first federal appellate court to address the issue of pay for...more
Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more
Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to make landfall in the U.S....more
Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to threaten the U.S....more
The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the...more
The US Court of Appeals for the Third Circuit held on August 10 in Travers v. Federal Express Corporation that paid leave is among the “rights and benefits” that the Uniformed Services Employment and Reemployment Rights Act...more
Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary...more
Q: Are employers required to pay wages to employees who are absent due to military service, similar to how they would be paid for jury duty or to attend a funeral? ...more
Commercial air pilot and Air Force reservist Eric White filed a class action against United Airlines under the United Services Employee and Reemployment Right Act (USERRA) claiming United violated USERRA by not providing paid...more
A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of...more
In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more