SUTTON | HAGUE

On June 30, 2015, the U.S. Department of Labor (“DOL”) released a Notice of Proposed Rule for “defining and delimiting” the current exemptions under federal labor standards.  These exemptions are defined in the Fair Labor Standards Act (“FLSA”) and its corresponding DOL regulations, and provide that workers who meet certain criteria are deemed “exempt” from receiving “overtime pay at a […]

On July 1, 2015, the landscape of medical and family leave in California will change when new regulations for the California Family Rights Act (“CFRA”) go into effect. Many of the changes will align the CFRA regulations with regulations for the federal Family and Medical Leave Act (“FMLA”). There are still differences between the CFRA and FMLA rules, some of […]

Recently, on June 03, 2015, the California Labor Commissioner (the “Commissioner”) made the determination that Uber drivers are in fact employees and not independent contractors as the company claims. The implications of this determination are significant with a class action lawsuit already in the works. Uber has appealed. The Commissioner’s decision can be read here. This case is an important […]

On June 02, 2015, Nevada Governor Brian Sandoval signed into law Senate Bill 224, which creates a conclusive presumption of an independent contractor relationship if certain elements are present. As a result, a Nevada employer whose relationship with hired workers satisfies this independent contractor statute is relieved of the obligation to pay independent contractors according to the state minimum wage, […]

The Ambush Rules On April 14, 2015, the National Labor Relations Board (NLRB) new union election rules took effect with unions all over the nation capitalizing on the opportunity to utilize the “streamlined” process to file petitions for elections.   Dubbed the “Ambush Rules,” the new process has additional requirements for employers, substantially increasing the authority of the Board of Regional […]

On June 01, 2015, the Occupational Health and Safety Administration (“OSHA”) published a guide for employers which details best practices for allowing transgender employees access to “the most appropriate and safest [restroom] option for him or her.” OSHA’s best practices are not mandatory but rather are suggestions for an employer to follow in order to avoid potential liability. However, employers […]

On May 26, 2015, in the case of Higgins-Williams v. Sutter Medical Foundation, a California Court of Appeal held an employee’s “inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance” was not a protected disability under the Fair Employment and Housing Act (FEHA). Facts of the Case The […]

On May 7, 2015, the California Court of Appeal held in Hirst v. City of Oceanside that an employee of an independent contractor has standing to bring an action for sexual harassment under the Fair Employment & Housing Act (“FEHA”) against the company at which he or she is placed.  This expansion of FEHA has potentially significant implications on California […]

During the May Webinar, Sutton Hague Law Corporation addressed the new California mandatory Paid Sick Leave law, Labor Code section 245 et seq., and issues related to its enactment. California Deputy Labor Commissioner Steve Jones was present as a special guest lending his expertise on the subject and providing insights into understanding the new law.  Participants asked questions via live […]

California Supreme Court to Provide Guidance on “Day of Rest” Rules Flying under the radar of many California employers are Labor Code sections 551 and 552, which state: “[e]very person employed in any occupation of labor is entitled to one day’s rest therefrom in seven” (Labor Code § 551) and, “[n]o employer of labor shall cause his employees to work […]