On Friday, the President signed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, a $2.2 trillion stimulus package designed to provide financial relief across many sectors of the economy.  This latest emergency COVID-19 legislation allocates $350 billion for small business loans for the purpose of meeting payroll costs (Paycheck Protection Program). A key feature of the CARES Act’s Paycheck […]

The California Department of Fair Employment and Housing (“DFEH”) has released an FAQ, which provides timely guidance on civil rights issues for California employers and employees, in the midst of the unprecedented COVID-19 pandemic. In general, the DFEH FAQ is consistent with previously issued guidance from the agency’s federal counterpart, the Equal Employment and Opportunity Commission (“EEOC”).  The EEOC had […]

Yesterday, the U.S. Department of Labor released additional guidance for the Families First Coronavirus Response Act (“FFCRA”), the emergency COVID-19 legislation. The DOL also issued three wage and hour opinion letters concerning certain exclusions employers may make when calculating an employee’s regular rate of pay. New COVID-19 Guidance The Families First Coronavirus Response Act requires employers with less than 500 […]

Yesterday, the U.S. Department of Labor issued guidance for the Families First Coronavirus Response Act (“FFCRA”), the emergency legislation signed by President Trump last week to address the ongoing COVID-19 pandemic.  Among the Act’s provisions are measures to provide financial support for employees who are unable to work because of issues relating to COVID 19. [Update] Today, the U.S. Department […]

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. […]