NLRB Turns To Rulemaking To Reverse Joint Employer Standard

The National Labor Relations Board (the “Board”) has issued a proposed regulation to re-establish the traditional test for determining whether two employers are considered “joint employers” under the National Labor Relations Act (“NLRA”). Under the […]

California Supreme Court Rejects Federal “De Minimis” Doctrine

In another victory for employees, the California Supreme Court held last week that small amounts of time that an employee works before clocking in or after clocking out for the day are compensable, and an […]

Local Minimum-Wage Increase In Effect: Time To Check Your Payroll!

It may be time once again to update your payroll. On July 1, 2018, the minimum wage increased in many cities in California, including Los Angeles. The statewide minimum wage increases every year on January […]

Employers Score Victory As U.S. Supreme Court Upholds Class-Action Waivers In Arbitration Agreements

In a major victory for employers, the United States Supreme Court held that class-action waivers in employment arbitration agreements are enforceable and not inconsistent with federal labor law. In Epic Systems Corp. v. Lewis, the […]

Re-Learning The ABCs: Your Independent Contractor Now May Be An Employee

The California Supreme Court just made it harder for employers to classify workers as independent contractors. In Dynamex Operations West v. Superior Court, the state’s highest court adopted a new test to use when determining […]

E-Alert: Prior Salary Cannot Justify Wage Differentials Between Men And Women Under Federal Equal Pay

Employers cannot rely on prior salary history to justify differences in pay between men and women performing substantially similar work under the federal Equal Pay Act, according to the Ninth Circuit Court of Appeals. In […]

California Supreme Court Adopts Employee-Friendly Test For Calculating Overtime On Flat-Sum Bonuses

The California Supreme Court has adopted an employee-friendly test for calculating the overtime due on a non-discretionary, flat-sum bonus. Overtime pay is based on a non- exempt employee’s “regular rate of pay” – not the […]

California Implements New Regulations For Transgender Employees And Applicants

New regulations adopted by the California Fair Employment and Housing Council have expanded the protections of transgender employees and applicants in California. Although state law had already protected transgender employees and applicants from discrimination, the […]

California Supreme Court Clarifies Day Of Rest Requirements

The California Supreme Court recently clarified the state’s “day of rest” statutes, which should help California employers schedule their employees’ hours of work to avoid class and representative lawsuits. Employers should accordingly assess whether employees […]

Commissioned Employees Must Receive Separate Compensation For Rest Periods

Compensating commissioned employees in California got more complicated this year thanks to a decision by the California Court of Appeal holding that employers must separately compensate commissioned employees for their rest periods. In Vaquero v. […]