• California Updates its Wage Orders and Enforcement Manual

    By SHLC on November 14, 2019
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    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. […]
  • Nevada Labor Commissioner Issues Guidance on New Law Requiring Mandatory Paid Time Off

    By SHLC on November 7, 2019
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    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 […]
  • SB-142 Expands California Employers’ Lactation Accommodation Requirements

    By SHLC on October 30, 2019
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    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 […]
  • New California Law Prohibits Employers from Requiring Applicants and Employees to Sign Arbitration Agreements

    By SHLC on October 22, 2019
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    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. […]
  • California Supreme Court Invalidates Workplace Arbitration Agreement, Criticizing How It Was Presented to Employee and Raising the Bar for Employers

    By SHLC on October 11, 2019
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    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, […]
  • New Nevada Law Restricts Confidentiality Provisions in Sexual Harassment Settlement Agreements

    By SHLC on August 23, 2019
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    Under a new law passed this year by the Nevada Legislature—Assembly Bill (“AB”) 248—defendants (including employers) can no longer include certain confidentiality requirements in settlement agreements relating to claims of sexual harassment. Effective July 1, 2019, this legislation is clearly a legislative response to #MeToo and other similar movements across the country. As a result of AB 248, settlement agreements […]
  • California Prohibits Race-Based Hair Discrimination

    By SHLC on July 17, 2019
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    California became the first state to ban workplace discrimination on the basis of hairstyles associated with race by enacting SB-188, also known as the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act. (New York passed a similar law shortly after California.) The CROWN Act amends both the Education Code and the Government Code (i.e., the Fair Employment […]
  • Failure to Comply with California Wage Statement Law Results in $102M Award

    By SHLC on July 2, 2019
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    On June 3, 2019, a Northern California Federal District Court Judge ordered Walmart to pay nearly $102 million for various wage and hour violations, primarily based on failure to provide wage statements (i.e., pay stubs) that comply with the requirements of California law. Background on PAGA California’s Private Attorneys General Act (PAGA) (Labor Code § 2698, et seq.) allows private […]
  • Nevada Employment Law Legislative Update

    By SHLC on June 19, 2019
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    The 80th Session of the Nevada Legislature has now come to a close, and it was quite an active year for matters of labor and employment law. From minimum wage to paid time off, several new laws will be taking effect in the coming months, and Nevada employers will need to act quickly to be ready for the changes.   […]
  • California’s New Independent Contractor Test Applies Retroactively

    By SHLC on May 16, 2019
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    Classifying, and defending the decision to classify, the independent contractor status of workers in California just became more difficult. Last year on April 30, 2018, the California Supreme Court adopted a new test to determine whether workers are independent contractors or employees under California’s wage orders in Dynamex Operations West, Inc. v. Superior Court. Recently, on May 2, 2019, the […]