SUTTON | HAGUE

Today, a Fresno County trial court denied a request for a preliminary injunction that would continue to delay the piece-rate Safe Harbor process of AB 1513. The lawsuit challenges aspects of AB 1513 – particularly the phrases “other non-productive time” and “directly related” – and was filed days before the July 1 deadline to sign-up for Safe Harbor. A temporary […]

On June 2, 2016, a California Court of Appeal issued a decision in favor of an employee on a wrongful termination claim that provides a classic example of common employer mistakes that create liability.  In the case of Moore v. University of California, a three-year employee was terminated allegedly as part of a reduction in force.  The evidence showed that […]

Yesterday, a Fresno County Judge issued a temporary restraining order (“TRO”) against the enforcement of AB 1513’s Safe Harbor registration deadline. AB 1513 established a “Safe Harbor” procedure to obtain an affirmative defense to wage claims for failing to properly compensate piece-rate employees. The AB 1513 deadline for employers to give notice to the State of their intent to make […]

When it comes to minimum wage and paid sick leave mandatory benefits in California, most attention is given to the state  laws on these topics.   Perhaps for many employers the more important, but less reported, story is the trend of city minimum wage and paid sick leave ordinances with requirements on employers that exceed the state law.  Recently, both Los […]

In our June 1, 2016 monthly webinar, special guest speaker Orus Dearman from Grant Thornton, LLP discussed cybersecurity and protecting your business from risk of data breaches. Here are a few of the highlights: Businesses of All Sizes are Vulnerable to Data Security Risks It’s not a matter of if, but when. Businesses of all sizes are vulnerable to data […]

Today, the U.S. Department of Labor (“DOL”) announced the final rule that will increase the salary threshold for so-called white collar workers and “highly compensated employees.” DOL originally announced the proposed increase last summer and since that time the details and effective date of the regulatory change have been much anticipated. This SHLC Blog Post from July 2, 2015 discussed […]

In our May 4, 2016 monthly webinar, Sutton Hague attorneys Jared Hague and Joseph Macias discussed the benefits and risks presented to employers by social media and employee off-duty conduct that impacts the workplace. Here are a few of the highlights: Employee Political Commentary on Social Media California and Nevada both have laws protecting employees from adverse employment action based […]

An April 22, 2016 California Court of Appeal decision clarified when rest periods must be provided during the workday and expressed the limited circumstance when an employer may deviate from the timing requirements. California employers are required to authorize and permit non-exempt employees to take rest periods. Rest period time is based on the total hours worked daily at a […]

The U.S. Department of Labor has issued a new publication – The Employer’s Guide to The Family and Medical Leave Act. Find it here: FMLA Employer Guide 2016  

The California Department of Fair Employment and Housing (“DFEH”) has amended many of its anti-discrimination and anti-harassment regulations effective April 1, 2016. To begin, the regulations expand the definition of employer by including out-of-state employees in the five employee threshold that triggers application of the regulations. For example, a Nevada company with a small satellite office of three employees in […]