After an eight-day trial, a Southern California jury has decided that Chipotle Mexican Grill did not unlawfully discriminate when it fired a manager after she suffered a miscarriage and failed to return from a 12-week medical leave. The plaintiff ...
[Read more] about Medical Leave: How and Why Chipotle Prevailed in a High-Stakes Pregnancy Discrimination Trial
Alert: Court Decision Changes On-Call Pay Rules
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 Private Attorneys General Act Filings Increase, Businesses Intensify and Expand Defense Efforts
The California Private Attorneys General Act, better known as “PAGA,” authorizes individual employees to sue for Labor Code violations on behalf of all their co-workers. They can do this regardless of the number of co-workers, whether they ...
[Read more] about As Private Attorneys General Act Filings Increase, Businesses Intensify and Expand Defense Efforts
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 ...
[Read more] about California Supreme Court Clarifies the Rule Requiring Employers to Provide One Day of Rest During Each Work Week
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 ...
[Read more] about Personnel Policies: Retaliation Claims, Ubiquitous but Preventable
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 ...
[Read more] about Commission-Based Pay for Rest Breaks? Good Question!
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 ...
[Read more] about Employment Policies Worth Considering in 2017: Arbitration Agreements with Class Action Waivers and Mandatory Exit Interviews
