News & Analysis as of

Labor Code

Jury Returns Verdict in Favor of Dollar Tree in Electronic Wage Statement Class Action

On November 7, 2017, after a four-day trial, a federal jury in Los Angeles, California returned a verdict in favor of Dollar Tree Stores, Inc. in a class action filed against the company by former employee Francisca Guillen....more

Is Every Agent A Fiduciary?

by Allen Matkins on

In common parlance, a fiduciary is someone you can trust. The word itself is related to the Latin word, fidere, meaning to trust. We name our dogs “Fido” because dogs are trustworthy companions. For example, a dog named...more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations;...

by Littler on

A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a...more

Saudi Arabia Update – October 2017

by Dentons on

Legal Developments - Government to implement further anti-concealment (Tassatur) measures - The MOCI is finalizing a plan to combat the practice of tasattur. Tasattur is the colloquial name for the practice by which...more

Employment Law - October 2017 #2

California Appellate Court Sides With Plaintiff in PAGA Suit - Why it matters - A plaintiff seeking civil penalties under the Private Attorneys General Act (PAGA) for a violation of the Labor Code is not required to...more

Not As You Wish: Wage Statement Law’s Pit of Despair

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with...more

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California,...more

Paltry Prerequisites for PAGA Penalty Paystub Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employees who are denied adequate wage statements (“paystubs”) can sue for penalties. Paystub penalty plaintiffs generally must prove they suffered an “injury” caused by the employer’s “knowing...more

Senate Confirms Emanuel to NLRB, 3-2 Republican Majority Signals Potential Changes on the Way

As covered earlier by HR Legalist, the Trump Administration was expected to make changes to labor and employment law through appointments to federal agencies, including the EEOC and the National Labor Relations Board (NLRB)....more

Saudi Arabia Update – August and September 2017

by Dentons on

Legal developments - Public projects anti – corruption actions - The National Anti-Corruption Commission (Nazaha) is the local body responsible for investigating violations of the Combating Bribery Law (CBL) and...more

When Disaster Strikes: Picking up the Pieces

by Strasburger & Price, LLP on

The last few weeks have been a struggle for many Americans dealing with natural disasters. As employers and businesses attempt to make sense of losses and get back to business, below are some suggestions that may help during...more

California’s Proposed “Wage Shaming” Law Is Another Mess

by Epstein Becker & Green on

In yet another measure to expand the scope of California’s equal pay laws, Assembly Bill 1209 proposes an addition to the Labor Code (section 2810.6) requiring larger employers to gather information relating to gender...more

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in...more

French Labor Law Reform: A Breakdown of Key Items in the Overhaul

by McDermott Will & Emery on

The French government has announced labor reforms intended to promote flexibility and improved predictability at both the collective and individual level. The decrees should be approved by the president on September 22, 2017,...more

Court Of Appeal Holds That Claims To Recover Wages Under Labor Code Section 558 Brought Through The Private Attorneys General Act...

In Esparza v. KS Industries, L.P., 2017 WL 3276363 (2017), the Fifth District Court of Appeal recently clarified the arbitrability of certain claims brought under the Private Attorneys General Act (“PAGA”). Previously, in...more

California Supreme Court gives PAGA plaintiffs broad right to employee contact information

by Dentons on

On July 13, 2017, the California Supreme Court issued its decision in Williams v. Superior Court (Marshalls of California), holding that in a representative action brought by an employee under the state's Private Attorneys...more

California Labor Commissioner Publishes Another Required Notice for New Hires

by Hirschfeld Kraemer LLP on

The California Labor Commissioner has published a written notice related to the rights of employees who are the victims of domestic violence, sexual assault and stalking. Employers must provide this written notice to all new...more

San Francisco Ordinance Prohibits Employer Salary History Inquiries

by Hinshaw & Culbertson LLP on

Beginning July 1, 2018, it will be illegal for San Francisco employers to ask job applicants to disclose their salary history. A number of similar laws have been enacted in cities and states across the country to address the...more

Another Chapter in California’s PAGA Saga

Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more

California Employers Face New Notice Requirement for Domestic Violence, Sexual Assault, and Stalking Time Off

The California Division of Labor Standards Enforcement (DLSE) has published a new form that must be added to the growing list of documents that employers are required to provide to employees at the time of hire. The new...more

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

by Hinshaw & Culbertson LLP on

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of...more

Paris and Nantes Civil Courts Reach Opposite Conclusions Regarding Challenges to CHSCT Experts’ Consultations

On June 18, 2017, and June 29, 2017, Paris and Nantes civil courts (les tribunaux de grande instance) respectively issued opposite rulings interpreting the provisions of Article L. 4614-13 of the French Labor...more

The Italian Labor Reform and the new “Horizontal Mobility”

by Bryan Cave on

The Labor Court of Milan and the Italian Supreme Court issued two decisions (No. 3370/2016 and 618/2017) interpreting the updated Section 2013 of the Italian Civil Code, concerning the “repêchage obligation.” In...more

Court Orders Retreat From Workers’ Compensation Apportionment To Non-industrial Causes

Workers’ compensation litigation often is driven by disagreement over the apportionment of permanent disability. A vast body of case law exists reflecting the courts’ efforts to resolve conflicts between the provisions of the...more

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