Legal Update

  • 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 […]
  • 17 DOL Opinion Letters from the George W. Bush Administration Resurface

    By SHLC on January 25, 2018
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    On January 5, 2018, the U.S. Department of Labor (“DOL”) formally issued 17 Opinion Letters that reproduce verbatim the text of letters that were signed by the administrator of the Wage and Hour Division approximately nine years ago near the end of the George W. Bush Administration but never issued. An Official of the DOL explained that the letters had […]
  • 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 […]
  • SHLC Attorneys Evelin Y. Bailey and Wesley Carlson Named Northern California “Rising Stars” as Top Rated Attorneys in Employment & Labor Law

    By SHLC on December 4, 2017
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    Sutton Hague Law Corporation is proud to announce that SHLC Attorneys Evelin Y. Bailey and Wesley Carlson have been named Northern California “Rising Stars” as Top Rated Attorneys in Employment & Labor Law. Northern California Super Lawyers, a Thomson Reuters rating service and publication, selects outstanding attorneys from more than 70 practice areas through a rigorous, multifaceted nomination process that […]
  • New California Requirements for Sexual Harassment Prevention Training and New Mandatory Poster

    By SHLC on November 29, 2017
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    The protections afforded to lesbian, gay, bisexual, transgender and gender non-conforming individuals are increasing both at the state and federal level.  In October 2017, Governor Brown signed SB 396, which requires California employers to include training on gender identity, gender expression and sexual orientation as part of its legally-mandated harassment prevention training.  On November 16, 2017, the Equal Employment Opportunity […]
  • New California Case Raises the Bar for a Valid Independent Contractor Relationship

    By SHLC on November 7, 2017
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    California employers who use independent contractors are increasingly subject to the risk of liability based on a claim that the worker legally should be considered an employee and not an independent contractor. This is often called a “misclassification claim” –that is, the worker claims that he or she should have been classified and treated as an employee, with all the […]
  • California Becomes Latest State to “Ban the Box”

    By SHLC on October 18, 2017
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    Forget about asking job applicants to disclose their criminal history. In fact, don’t even put those questions on a job application. Simply having a question about an applicant’s conviction history on a job application, or considering an applicant’s conviction history before a conditional offer of employment is made, will now expose California employers to lawsuits and potential liability. This significant […]
  • California Passes Statewide Ban on Inquiries into Salary History

    By SHLC on October 16, 2017
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    Assembly Bill 168 (“AB 168”) was signed into law on October 12, 2017, and imposes a statewide ban on inquiries into an individual’s salary history.  AB 168 is the latest effort to eliminate gender pay inequality in the state. With AB 168, California joins many other jurisdictions across the country that prohibit an employer from asking an applicant about salary […]
  • 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 […]