Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
From Viking River Cruises v. Moriana to Adolph v. Uber Technologies, Inc.: The Arbitrability Of PAGA Actions In California Continues To Shift
8/29/22
BY: Daniel Parker Jett
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
New tip credit rules hit PA restaurant and service industry employers
8/25/22
By: Justin Boron
Pennsylvania has upped the ante on the restaurant industry.
Earlier this month, new regulations took effect aimed at regulating how employers pay tipped employees in restaurants and other service industry employees.
The regulations include the following:
…
Can Parties Agree to Broad Appellate Rights of Arbitration Awards?
3/21/22
By: Warren D. Hutchison
The benefits of resolving civil disputes through binding arbitration are the subject of constant debate. The primary arguments favoring arbitration are that it is faster and cheaper than going to court, a “knowledgeable” arbitrator can decide …
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
By: Josue Aparicio[1]
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …
An Uber Disruption: California Judge Grants Preliminary Injunction Requiring Uber and Lyft to Stop Classifying Drivers as Independent Contractors
8/14/20
By: Josue Aparicio[1]
On Monday, a California Judge granted a preliminary injunction ordering that the popular ride-hailing companies, Uber and Lyft, stop classifying their drivers as independent contractors during the pendency of their litigation against the state of California.…
Wage & Hour Violations, Family Leave, Discrimination, Harassment
5/22/20
By: David Daniels
These
topics continue to generate conversation throughout workplaces across the
country. No matter the size of your business, at some point you will encounter
one of these regulations. For that reason, it’s important for supervisors and
managers …
Employers Beware: Payroll Mistakes Are Costly and Self-Audits Will Help Minimize Risk
7/1/19
By: Janet Barringer

A six-figure fine recently imposed on an employer by the Massachusetts Attorney General’s Office for wage & hour violation is an eye-opener for a few reasons. First, the financial penalty underscores employers must regularly examine their payroll …
80/20 Hindsight: The DOL Issues Opinion Letter That Concludes The 80/20 Side Work Rule For Tipped Employees No Longer Applies
11/15/18
By: Michael Hill
Navigating the laws for paying tipped employees just got a little easier. In a new opinion letter, the U.S. Department of Labor (“DOL”) effectively nullified the “80/20 Rule,” which divided courts throughout the country and became …
Panera Assistant Managers Granted Cert. In Overtime Suit Reminds Franchisees that Duties, Not Title, Prevail
10/22/18
By: Brad Adler & Hillary Freesmeier
While retail employers have tightened up their wage and hour practices, there are still too many companies in the retail industry, including fast food and fast casual employers, that have failed to take inventory …
Here’s Your Tip Of The Day – Another Appellate Court Defers To DOL On Use Of 80/20 Rule For Tipped Employees
9/24/18
By: Brad Adler & Koty Newman
The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s, 2018 U.S. App. LEXIS 26387 (9th Cir. Sep. 18, 2018) is important for employers trying to navigate the FLSA and pay their tipped …
DOL Guidance On No Fault Attendance Policies
9/21/18
By: Joyce Mocek
The Department of Labor (DOL) Wage and Hour Division issued a new opinion letter on an employer’s no-fault attendance policy which effectively froze an employee’s attendance points that had accrued prior to taking the FMLA leave. The …