California employers can continue to use mandatory arbitration agreements – for now. On February 6, 2020, Judge Kimberly Mueller of the U.S. District Court for the Eastern District of California issued a preliminary injunction halting enforcement of California Assembly Bill 51 (“AB 51”) as it relates to arbitration agreements in the employment context.  AB 51, which was passed last year, […]

After a month of uncertainty, a federal court judge has, for now, halted enforcement of California Assembly Bill 51 (“AB 51”), the bill that would broadly prohibit employers from requiring arbitration agreements as a condition of employment. As previously reported, on December 30, 2019, a California federal judge issued a temporary restraining order delaying enforcement of AB 51. Intended to […]

We previously reported, on December 30, 2019, that a California federal judge had issued a temporary restraining order delaying enforcement of California Assembly Bill 51 (“AB 51”). Intended to take effect on January 1, 2020, AB 51 broadly prohibits California employers from requiring a job applicant or employee, as a condition of employment, continued employment, or receipt of any job-related […]

DOL Opinion Letters On January 7, 2020, the United States Department of Labor (“DOL”) released two new opinion letters offering the agency’s interpretation of certain points of federal overtime law. These opinion letters come at a time when several aspects of the law—discussed further below—are seeing updates and revisions. The first letter, labeled FLSA2020-1, explains how a nondiscretionary lump sum […]

In an October 2019 blog post, SHLC discussed the passage of California Assembly Bill 51 (“AB 51”), which was intended to take effect on January 1, 2020. The bill broadly prohibits California employers from requiring a job applicant or employee, as a condition of employment, continued employment, or receipt of any job-related benefit, to “waive any right, forum, or procedure” […]

The Division of Labor Standards Enforcement (“DLSE” or “Labor Commissioner”) Enforcement Policies and Interpretations Manual (“Enforcement Manual”) summarizes the policies and interpretations which DLSE has followed and continues to follow. The Enforcement Manual was first released in 2002 and updated periodically. The DLSE revised sections of the Enforcement Manual in August 2019. To access the Enforcement Manual online, click here. […]

On June 19, 2019, Sutton Hague posted a blog post reviewing new Nevada employment legislation. The blog post included a discussion of Senate Bill 312, which takes effect on January 1, 2020, and requires Nevada private employers of 50 or more employees to provide paid time off (“PTO”), which must accrue at a rate of no less than 0.01923 hours […]

Governor Gavin Newsome has signed SB 142 into law, which amends Labor Code sections 1030 and 1033 and adds section 1034 pertaining to an employer’s duty to accommodate lactating parents with regards to time and location. California’s Lactation Accommodation law requires employers to develop and implement a lactation accommodation policy complaint with SB 142, including the employee’s right to file […]

On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 51—a bill which essentially makes it unlawful for a California employer to require job applicants or employees to sign an arbitration agreement as a condition of employment. Currently, the use of mandatory arbitration agreements and class action waivers is extremely common among California employers, and recent U.S. […]

On August 29, 2019, the California Supreme Court ruled that an arbitration agreement signed by a mechanic at an Oakland Toyota dealership was unenforceable under the general contract principle of unconscionability. The decision came after plaintiff Ken Kho had prevailed on a claim for unpaid wages through a California Labor Commissioner complaint process commonly known as a “Berman” hearing. OTO, […]