• 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 […]
  • California Court of Appeal Holds Employees Are Owed Reporting Time Pay for Call-In Shifts

    By SHLC on March 29, 2019
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    Last month, a California Court of Appeal ruled that requiring an employee to call into work prior to the start of an on-call shift triggers the employer’s responsibility to pay reporting time pay in the event the employee is not furnished at least half his usual or scheduled day’s work.   What Is Reporting Time Pay?   Under California law, […]
  • DOL Proposes New Rule to Increase Minimum Salary Threshold for Exempt Employees

    By SHLC on March 8, 2019
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    On March 7, 2019, the U.S. Department of Labor (“DOL”) released a Notice of Proposed Rulemaking with the purpose of raising the minimum salary threshold for exempt employees under federal law.   Background   The Fair Labor Standards Act (“FLSA”) provides an exemption from federal minimum wage and overtime pay requirements for employees in bona fide executive, administrative, professional, and […]