News & Analysis as of

Wage and Hour Labor Code Employment Contract

Fox Rothschild LLP

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

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In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

Sheppard Mullin Richter & Hampton LLP

PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former...more

Seyfarth Shaw LLP

Legislative Update: The End of the Road (for 2023)

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Seyfarth Synopsis: While Governor Newsom vetoed several impactful bills prior to his October 14, 2023, signing deadline, he approved a wide array of new laws with which businesses will need to comply with in 2024 and beyond,...more

Seyfarth Shaw LLP

Legislative Update: Nearing the End of the Road (for 2023)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of  which employment bills are before the Governor for consideration,...more

Morgan Lewis

French ‘Labor Market’ Law Comes Into Force With First Decree of Application

Morgan Lewis on

The French "Labor Market" Act of December 21, 2022, which provides for emergency measures relating to the functioning of the labor market with the goal of reaching full employment, recently came into force....more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

CDF Labor Law LLP

Employee Prevented from Pursuing Class Claims For Unpaid Wages

CDF Labor Law LLP on

Last week a California Employer secured a victory when the California Court of Appeal held that the employer’s general California choice-of-law provision in its employment agreement did not entitle the employee to pursue...more

Jackson Lewis P.C.

A Game Of Venue Ping Pong Ended By The 7th Circuit Based On A Forum-Selection Clause

Jackson Lewis P.C. on

Employment claims brought by a former claims adjuster were batted back and forth from California state court to Indiana federal court and nearly back again before the U.S. Court of Appeals for the 7th Circuit stepped in. On...more

Vedder Price

2020 California Employment Law Roundup

Vedder Price on

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Best Best & Krieger LLP

[WEBINAR] 2019 Annual Labor & Employment Update

Best Best & Krieger LLP on

From independent contractors to privacy to arbitration agreements - the California Legislature was busy in 2019 passing a wealth of new labor and employment laws that impact your business or agency. In this Best Best &...more

Hogan Lovells

Client note – new labor code 2019

Hogan Lovells on

After much consultation and heated debate, Vietnam adopted a new Labor Code on 20 November 2019 ("Labor Code"), which will come into effect on 1 January 2021, and replace the current law which dates from 2012. While Vietnam's...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Global Newsletter: Ogletree Deakins International Employment Update - November 2019

Welcome to the latest issue of the Ogletree Deakins International Employment Update - a newsletter aimed at human resources professionals and in-house employment counsel operating on an international basis. Please scroll...more

Littler

Littler Global Guide - Portugal - Q3 2019

Littler on

The Decree-law no. 108/2019, of August 13, published in Diário da República, introduced amendments to the Retirement Statute and created the new early retirement scheme. This decree-law reviews the early retirement scheme of...more

Littler

California Supreme Court Rules that the “Underpaid Wages” Component of Labor Code Section 558 is Not a Civil Penalty under PAGA

Littler on

In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more

Seyfarth Shaw LLP

PAGA Claims Limited to Recovery of Civil Penalties

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Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more

Mintz - Employment Viewpoints

California Supreme Court Delivers PAGA Win for Employers

In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of...more

Proskauer - California Employment Law

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”).  See ZB, N.A. v. Superior Court (Lawson) (Cal....more

Fisher Phillips

New ABC Test For Independent Contractors Sends California Employers Reeling

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The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more

Faegre Drinker Biddle & Reath LLP

New Year's Resolution for California Employers: Know New Laws Affecting Your Business in 2017

The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more

McManis Faulkner

New Year, New Laws: What California Employers Need to Know for 2017

McManis Faulkner on

Once again California will ring in the New Year with a number of new laws affecting employers and employees in the Golden State. Much of this new legislation clarifies existing laws to provide guidance to employers or grant...more

Buchalter

Another Year, Another Set of Laws: What California Employers Should Know

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In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Fisher Phillips

Employment Law in Colombia: Part III

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This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

Troutman Pepper

Uber Suffers Another Independent Contractor Misclassification Setback in California

Troutman Pepper on

Uber has not fared well in court battles recently. After losing an unemployment case last month in Florida, it has now just lost an independent contractor misclassification wage case in California. This loss in California...more

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