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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Pay Stub Data Reporting of Accrued Vacation
California’s hodge-podge of overlapping and confusing wage and hour laws forces employers to guess whether their pay practices are lawful. This is particularly true with respect to the preparation of pay stubs. Each year, pay stub law evolves and ...
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EEOC’s New Policy Provides Concrete Tips for Avoiding Retaliation Claims
In 2016, the federal Equal Employment Opportunity Commission (EEOC) updated its enforcement policies concerning retaliation. According to the EEOC, employees who complain about discrimination or who participate in proceedings designed to combat ...
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Wrongful Termination Claims: Be Prepared
According to the federal Equal Opportunity Employment Commission’s annual report, wrongful termination was again last year the claim most frequently filed by employees against their employer. Terminated employees suing once dismissed has become an ...
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