Voluntary Participation in Wellness Activities Is Non-compensable Time FLSA2018-20 discusses whether the FLSA requires compensation for the time an employee spends voluntarily participating in certain wellness activities, biometric screenings, and benefits fairs.   Background   An employer allows its employees to participate in voluntary “biometric screening” both during and outside of regular work hours. The screening tests, among other things, […]

On August 28, 2018, the U.S. Department of Labor (DOL) issued six new Opinion Letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). According to the DOL’s press release, this new guidance “demonstrates the agency’s continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure […]

In May 2018, the California Court of Appeal held in Huff v. Securitas Security Services USA, Inc., that an employee who has been affected by at least one Labor Code violation may pursue penalties under the Private Attorneys General Act of 2004 (“PAGA”) for every Labor Code violation committed by that employer, including violations that have not personally affected the […]

Following the decision by the United States Supreme Court on May 21, 2018 in Epic Systems Corporation v. Lewis (read blog here) that class action waivers in mandatory arbitration agreements do not violate the National Labor Relations Act, more employers may now want to use arbitration agreements with their employees. For those considering arbitration agreements and those with agreements already […]

In the landmark United States Supreme Court decision from the 1940’s, Anderson v. Mt. Clemmens Pottery Co., the High Court formally recognized the de minimis doctrine under federal wage and hour law. In short, the de minimis doctrine is an application of the maxim de minimis non curat lex, which means “[t]he law does not concern itself with trifles.” As […]

  California’s Fair Employment and Housing Council (“FEHC”) adopted new regulations focused on preventing national origin discrimination, which into effect July 1, 2018. These new regulations are extensive and include clarifications on the definitions of “national origin” and “national origin groups,” the permissible and prohibited 1) types of employer policies governing language restrictions (i.e., English only policies) in the workplace, […]

Since 2006, Nevada’s two-tiered minimum wage has allowed employers who offer qualifying health benefits to employees to pay a dollar less per hour than employees to whom such benefits are not offered. However, until the Nevada Supreme Court’s decision in the closely-watched MDC Restaurants, LLC v. Eighth Judicial District (Diaz) on May 31, 2018, there was no clear standard for […]

While California’s employment laws are generally considered “employee friendly,” many employers are perhaps not as aware of local city and county laws that go much further than state laws.  San Francisco is a prime example and it is important to note both recent and forthcoming changes in its City Ordinances governing employment laws. The following is a summary of some […]

Employers won a victory at the United States Supreme Court today, when the Court ruled 5-4 in Epic Systems Corporation v. Lewis that class action waivers in mandatory arbitration agreements do not violate the National Labor Relations Act (“NLRA”). Several Courts of Appeal, including the Ninth Circuit, had held that Section VII of the NLRA, which protects employees’ right to […]

Last week, the California Supreme Court dramatically reshaped how to determine whether a worker is an independent contractor or an employee entitled to overtime, meal and rest periods, and other labor protections enshrined in the Industrial Welfare Commission’s (“IWC”) Wage Orders. While the method endorsed by the Court—the  so-called “ABC Test”—is arguably simpler and more predictable than the multi-factor test […]