News & Analysis as of

Labor Code

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

April Snow Brings Employers Flurry of FLSA Guidance

by Hirschfeld Kraemer LLP on

April is already 17 days old and Washington D.C. is still under threat of snow – but bad weather has brought with it a flurry of action surrounding the Fair Labor Standards Act (“FLSA”). In addition to the United States...more

Fixing Your Paystubs? Make Sure Your Paychecks Comply With Labor Code § 212

by Fox Rothschild LLP on

If you are an employer in California, you are likely well aware of Labor Code § 226 and the many items that our state requires to be on employee paystubs: gross wages, legal name of employer, inclusion dates for the pay...more

Gimme A Break! Court Says CBA Can Block Meal-And-Rest-Period Lawsuit

by Fisher Phillips on

As most employers in California know, meal and rest period litigation has been a hot area for more than a decade, troubling employers across all industries. This is largely because state law provides extremely rigid...more

New and Further Disability Does Not Extend Temporary Disability Rights

In County of San Diego v. WCAB and Kyle Pike, (D072648, filed 3/6/18), the California Court of Appeal, Fourth Appellate District, rejected Applicant’s claim that temporary disability benefits are payable more than five years...more

Proving a Sudden and Extraordinary Employment Injury Must be Rock Solid

In State Compensation Insurance Fund v. WCAB and Jose Guzman, (H044300, filed 1/30/18, publication order 2/23/18), the California Court of Appeal, Sixth Appellate District, rejected Applicant’s argument that a psychiatric...more

California Fair Pay Act Confusion – Understanding California Labor Code Section 1197.5

by Weintraub Tobin on

The following discussion concerns the California Fair Pay Act, and how to apply it. If you are unfamiliar with the Act, you may wish to begin by reading this blog. I get calls from employers asking: “When I group my...more

Singapore Employment Act Amendments: Expanding coverage to professionals, managers and executives while tightening rules on hiring...

by Dentons on

Due to the increasing number of professionals, managers and executives (PMEs) in the Singapore workforce, the Ministry of Manpower has made various changes to the Employment Act of Singapore (the Act) – most notably expanding...more

Plaintiffs Cannot Bring PAGA Claims If They Fail To Give Notice Of A Representative Action

by Jackson Lewis P.C. on

In Hamid H. Khan v. Dunn-Edwards Corporation (January 4, 2018), the California Court of Appeal for the Second Appellate District held that the plaintiff failed to comply with required administrative procedures prior to...more

California Labor Commissioner Issues $500,000 Citation Against Los Angeles Restaurant For Labor Code Violations

The California Labor Commissioner issued a press release this week announcing a $500,000 citation against Los Angeles restaurant Shrimp Lovers, arising from wage theft allegations made against the restaurant by employees who...more

China (Mainland): Employment and Labor Update

by Dentons on

In China, employment relationships are governed mainly by the Labor Law of the People’s Republic of China (LLPRC) and the Employment Contract Law of the People’s Republic of China (ECLPRC) The LLPRC was enacted on January 1,...more

Costa Rica: Labor Procedure Reform Law Makes Sweeping Changes to Labor Code

by Dentons on

On July 25, 2017, Costa Rica's Labor Procedure Reform (Reforma Procesal Laboral or RPL) Law No. 9343 became effective. Despite its name, the law amended not only the procedural part of the country's Labor Code, but also the...more

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

California Court Of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims And Not Arbitrable

by Jackson Lewis P.C. on

In Lawson v. ZB, N.A. (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated...more

Large Employers in France Already Enjoying Benefits of Labor Reforms

by Fisher Phillips on

In late September, my colleague, Brian Ellixson, published a post concerning the start of a power swing, from France’s historically employee-friendly labor regime to a somewhat more employer-friendly system. Indeed, although...more

Changes in the employee documentation retention

by Dentons on

On February 13, 2018, the Act on Amendments of Certain Acts in Connection with Shortening the Period of Storage of Employee Files and their Electronisation was published. The date of its entry into force is January 1, 2019....more

Labor law. Major Russian legislation changes for 2017

by Dentons on

We would like to present the overview of the most important legislation changes in labor law for 2017. 1. Federal Law No. 125-FZ on Amendments to the Russian Federation Labor Code dated June 18, 2017 (“Law No. 125-FZ”)...more

Check Those PAGA Notice Letters

by Fox Rothschild LLP on

Plaintiffs’ attorneys in California love making claims based on technical violations related to paystubs. An employee will go see a lawyer complaining about wrongful termination or harassment or discrimination and the lawyer...more

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

by Thompson Coburn LLP on

In the fall of last year, California Governor Jerry Brown signed the Cleaning Product Right to Know Act of 2017 (the "CPRTKA"), adding provisions to the California Health and Safety Code commencing at § 108950 related to...more

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

by Jackson Lewis P.C. on

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

Does California Place Your Company At Risk?

by Allen Matkins on

Is doing business in California risky? More than a few companies seem to think so. Below are few California related risks that I noticed in the risk factors section of recently filed Form 10-Ks. ...more

Be Global: On the Horizon in 2018

by DLA Piper on

In December's Be Global we looked back at 2017, highlighting developments in data privacy, employment status, working time, global mobility, gender equality, anti-corruption and whistleblowing, and pensions as well as looking...more

Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers

by Fisher Phillips on

If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more

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

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