Author archive for SHLC

  • U.S. Supreme Court Upholds Class Action Waivers in Mandatory Arbitration Agreements

    By SHLC on May 21, 2018
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    Employers won a victory at the United States Supreme Court today, when the Court ruled 5-4 in Epic Systems Corporation v. Lewis that class action waivers in mandatory arbitration agreements do not violate the National Labor Relations Act (“NLRA”). Several Courts of Appeal, including the Ninth Circuit, had held that Section VII of the NLRA, which protects employees’ right to […]
  • ABC’s not as easy as 1-2-3: California Supreme Court Adopts New ‘ABC Test’ Dramatically Increasing the Risk of Using Independent Contractors

    By SHLC on May 11, 2018
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    Last week, the California Supreme Court dramatically reshaped how to determine whether a worker is an independent contractor or an employee entitled to overtime, meal and rest periods, and other labor protections enshrined in the Industrial Welfare Commission’s (“IWC”) Wage Orders. While the method endorsed by the Court—the  so-called “ABC Test”—is arguably simpler and more predictable than the multi-factor test […]
  • California’s I-9 Notice Now Available on Labor Commissioner Website

    By SHLC on May 8, 2018
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    Earlier this year, we discussed the legal requirements of the immigration worksite enforcement action bill AB 450.  One of those requirements includes providing notice to employees within 72 hours after receiving a Notice of Inspection by immigration enforcement to review I-9 documents.  The Labor Commissioner was to develop a template on or before July 1, 2018.  This template – called […]
  • Everyone Into the (Tip) Pool!

    By SHLC on April 24, 2018
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    Everyone Into the (Tip) Pool! Congress recently rolled back a 2011 U.S. Department of Labor (“DOL”) regulation that restricted the scope of employer-required tip pools. The 2011 regulation limited tip pools to employees who “customarily and regularly receive tips” for the work they perform. Under the regulation, waiters, waitresses, bellhops, counter personnel (who serve customers), bussers, and service bartenders could […]
  • California Supreme Court Adopts Labor Commissioner’s Attendance Bonus-Overtime Method

    By SHLC on March 9, 2018
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    Earlier this week, the California Supreme Court dove into that most important legal subject: basic math. The case of Alvarado v. Dart Container Corp. centered on what the denominator should be when calculating the regular rate of pay, which is in turn used to calculate the overtime pay for employees receiving a flat sum attendance bonus. As all employers should […]
  • What Employers Need to Know about Immigration Enforcement and AB 450

    By SHLC on March 1, 2018
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    This past weekend, Oakland’s Mayor Libby Schaff warned of imminent U.S. Immigration and Customs Enforcement (“ICE”) activity in the San Francisco Bay Area.  Mayor Schaff’s announcement was made after ICE agents issued Notices of Inspection to approximately 77 restaurants and other businesses in Northern California during the first week of February 2018.  News outlets are reporting that more than 150 […]
  • DLSE Updates FAQ Page for Rest Break Compliance

    By SHLC on January 2, 2018
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    California’s Division of Labor Standards Enforcement (“DLSE”) released an updated Frequently Asked Questions page for rest break compliance (“Rest Break FAQ”). The most significant revisions that employers need to know concern compliance with Augustus v. ABM Securities. We previously posted about Augustus, the December 2016 California Supreme Court decision that holds on-call rest breaks are not permitted under California law. […]
  • Reporting Time Pay Owed for Call-In Shift Workers, California Court Rules

    By SHLC on December 27, 2017
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    The days of uncompensated call-in shifts may be over. A California state court recently ruled that employees who are required to block off time and check-in for call-in shifts that day must be paid reporting time pay, even if the employees don’t have to physically show up for the shift. Under California law, employees who report to work for a […]
  • New Parent Leave Act Provides up to 12 Weeks of Leave for Many California Employees

    By SHLC on October 14, 2017
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    On October 12, 2017, Governor Brown signed SB 63 into law, the New Parent Leave Act (“NPLA”).  NPLA requires small businesses that employ 20 to 49 workers to provide up to 12 weeks of unpaid, job protected leave to bond with a new child. Sound familiar? It should. NPLA affords similar benefits and protections as the Family & Medical Leave […]
  • Court Shoots Down Salary Level Test in DOL Overtime Rule

    By SHLC on September 1, 2017
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    The U.S. Department of Labor’s (“DOL”) proposed overtime exemption rule suffered another blow today. A Texas federal court granted summary judgment in favor of business groups and States who challenged the new regulations last year. The proposed rule was blocked by a preliminary injunction issued in November 2016, as reported here: http://suttonhague.com/new-overtime-rules-blocked/. The Court found that DOL exceeded its authority […]