Amendment to Labor Code Section 226 Itemized Wage Statement Requirements Provides Welcome Relief – and some hope – to California’s High Tech Industry
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …
Supreme Court Slams the Door on Homecare Employers
7/15/16
By: Agne Krutules
Much to the dismay of employers who employ home healthcare workers, on June 27, 2016, the Supreme Court declined to hear Home Care Association of America v. Weil, a case challenging the Department of Labor (DOL) …
Remember Your Safety P’s and Q’s – OSHA Issues New Reporting and Anti-Retaliation Regulations
7/11/16
By: Agne Krutules
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rules on discrimination and injury and illness reporting. 81 Fed. Reg. 29624. The new anti-discrimination and anti-retaliation rules go into …
The Ninth Circuit Gets a Mulligan
6/22/16
By: Brad Adler and Michael Hill
In February, we wrote about the U.S. Department of Labor’s unexpected decision to change the decades-long understanding of the salesman exemption to the Fair Labor Standards Act (FLSA) and the ruling of the Ninth …
New EEOC Guidance on Employer-Provided Leave Under the Americans with Disabilities Act
6/21/16
By: Michael Hill
The EEOC recently issued new guidance on employer-provided leave under the Americans with Disabilities Act (ADA), which contains useful information on the EEOC’s focus relating to providing reasonable accommodations for employees with disabilities. Employers should review their …
Seventh Circuit Declares Class Action Waivers Unenforceable, Creates Circuit Split
6/2/16
By: Tim Holdsworth
Last week, the U.S. Court of Appeals for the Seventh Circuit bucked the appellate trend and held that arbitration agreements containing class and collective action waivers violate the National Labor Relations Act and are unenforceable under the …
San Francisco Mandates Paid Parental Leave
4/28/16
By: Kacie Manisco
The United States is the only developed country in the world that does not provide paid parental leave. In addition, unless an employer is covered under the Family Medical Leave Act (“FMLA”) or the California Family Rights …
U.S. Women's Soccer Team Seeks Pay Equality
4/7/16
By: Joyce M. Mocek
Recently five team captains of the US Women’s Soccer Team, on behalf of the entire team, filed a complaint with the EEOC against the US Soccer Federation alleging pay inequality and discrimination. The complaint seeks equal …
"How Much is that Steak Bowl Really?" A Costly Reminder About Social Media Policies
3/21/16
By: Robert Krandel
On March 14, 2016, an Administrative Law Judge for the National Labor Relations Board ruled that Chipotle violated the National Labor Relations Act when it unlawfully forced an employee to delete negative tweets about the restaurant. The …
“Ban the Box” What Can You Ask Applicants About Criminal History?
3/11/16
By: Meaghan Petetti Londergan
There is a growing national trend to “ban the box” by removing any consideration of an applicant’s criminal history from the initial hiring process. “Ban the box” laws prohibit an employer from asking about an applicant’s …
Hands Off My Money! Ninth Circuit Rules Employers Can't Force Employees to Share Tips with Non-Tipped Employees
3/3/16
By: Brad Adler and Amanda Hall
We have discussed tip-pooling programs in the past. Generally speaking, the Fair Labor Standards Act (“FLSA”) permits an employer to fulfill part of its hourly minimum wage obligation to tipped employees using the …
Who's The Boss
2/25/16
By: Michael Hill
We have previously discussed the DOL’s decision to narrow the definition of “independent contractor” so that more workers can be deemed “employees” and thus subject to federal wage and hour laws. On a similar theme, …