News & Analysis as of

Labor Code

Settling Individual Labor Code Violations Kills PAGA Claims

by Weintraub Tobin on

On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and...more

Caveat contractors: Under new California law, general contractors will be on the hook for unpaid subcontractor wages

by Dentons on

Enacted by California state legislators in September and effective for contracts entered on or after January 1, 2018, A.B. 1701 makes direct contractors (defined as those with a direct contractual relationship with a project...more

Be Global: 2017 in review

by DLA Piper on

In this month's edition of Be Global, we bring together a summary of the most significant international employment law developments from the past 12 months, as reported on GENIE. Data privacy, whistleblowing, worker status...more

The 12 days of California Labor & Employment Series – Day 4 “Domestic violence, sexual assault and stalking”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

If You Haven't Heard About the Upcoming Changes to the Alberta Employment Standards Regulation, You Need to Read This!

by Field Law on

Important changes to Alberta’s Employment Standards Code (the “Code”) come into effect in just a few short weeks. In order to align the Employment Standards Regulation with these changes, on December 7, 2017 the Government of...more

Senate Bill 621 Gives Part-Time Educators Their Proportional Share

by Ervin Cohen & Jessup LLP on

Senate Bill 621 will become effective on January 1, 2018. The bill amends Labor Code section 515.8 and is intended to address the ambiguities in Assembly Bill 2230 which was enacted last year....more

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

by Benesch on

Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

by Bass, Berry & Sims PLC on

Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more

SB 306 Expands Labor Commissioner’s Powers To Enforce Anti-Retaliation Laws

by Jackson Lewis P.C. on

Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the...more

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

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