The Court of Appeal in California just published an opinion that threatens to change how employers structure on-call duties. Contradicting long-settled precedent that on-call time need not be paid unless an employee’s activities are unduly ...
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As PAGA Filings Increase, Businesses Intensify and Expand Defense Efforts
The Private Attorneys General Act, better known as “PAGA,” authorizes individual employees to sue for Labor Code violations on behalf of all their co-workers, regardless of the number of co-workers, whether they experienced similar violations, and/or ...
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Supreme Court Ruling a Win for Employers
In a pivotal decision for employers, the U.S. Supreme Court ruled in the matter of Epic Systems Corp v. Lewis that class action waivers in employment-based arbitration agreements are lawful and enforceable. Previously, the validity of such waivers ...
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California Supreme Court Clarifies the Rule Requiring Employers to Provide One Day of Rest During Each Work Week
The California Supreme Court provided critical guidance this week on how to apply California’s requirement that workers receive one day of rest during each work week. In Mendoza v. Nordstrom, the Court held that the Labor Code requires one day’s rest ...
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Personnel Policies: Retaliation Claims, Ubiquitous but Preventable
Retaliation claims by employees against their employers are easy claims to make and difficult to defend. They are now, in fact, the most common employment claim asserted against employers, ahead of discrimination and harassment claims. Why, and what ...
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Commission-Based Pay for Rest Breaks? Good Question!
A recent decision by California’s Second District Court of Appeal on commission-based pay for rest breaks raises more questions than it answers. And if it isn’t accepted by California’s Supreme Court for review, or contradicted by another appellate ...
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Employment Policies Worth Considering in 2017: Arbitration Agreements with Class Action Waivers and Mandatory Exit Interviews
A look at court filings in 2017 shows that there has been no decline in the pace of class action and representative filings. To the contrary, in light of recent judicial opinions on rest period policies, increased paystub obligations, and confusion ...
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New Federal Overtime Rules Suspended and Will Not Take Effect December 1
On November 22, 2016, Judge Amos L. Mazzant, U.S. District Court Judge for the Eastern District of Texas, halted implementation of the new federal overtime rules that were set to take effect on December 1. He agreed with numerous states and business ...
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