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  • 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 […]
  • Carrington v. Starbucks: Proof that Mere Minutes Matter Under California Wage and Hour Law

    By SHLC on January 10, 2019
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    In California, employers must provide employees a net thirty-minute meal period—exclusive of preparatory and conclusory activities such as travel time and changing time. The first meal period must commence no later than the end of the fifth hour worked, and where employees work more than 10 hours, a second meal period must commence no later than the end of the […]
  • Sutton Hague Law Corporation is proud to announce that three of its attorneys were named to the 2018 edition of Northern California Super Lawyers.

    By SHLC on January 3, 2019
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    SHLC attorneys Evelin Bailey and Justin Vecchiarelli were named Northern California “Rising Stars”.  Ms. Bailey was selected as a Top Rated Employment & Labor Law attorney. Ms. Bailey has been selected to “Rising Stars “since 2014. Mr. Vecchiarelli was selected as a Top Rated Employment Litigation attorney.   This “Rising Stars” honor recognizes attorneys who are 40 years old or […]
  • “Go F*** Yourself!” NLRB Judge Says No Firing For Foul Language

    By SHLC on December 17, 2018
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    Employers often adopt civility policies, including policies that prohibit employees from using threatening or intimidating language, or using abusive or vulgar language towards co-workers or supervisors.  Violations of those policies, warn employers, may result in disciplinary action, including termination of employment. The National Labor Relation Board (the Board) recently found that a Nexteer Automotive Corp. employee who shouted profanity at […]
  • 2019 California Minimum Wage Update: Minimizing Worries About Minimum Wage

    By SHLC on November 30, 2018
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    It is imperative that employers understand and comply with the California minimum wage. Additionally, some cities and counties have enacted local laws that are more restrictive than the California minimum wage. Therefore, it is important to comply with local laws to the extent that the local laws are more protective of employees than California and federal laws.   The California […]
  • California Clarifies Salary History Ban Law

    By SHLC on November 17, 2018
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    Governor Brown signed the Fair Pay Act Bill, also known as AB 2282, on July 18, 2018. The Fair Pay Act Bill clarifies ambiguities in Labor Code Sections 432.3 and 1197.5, which were created with the passing of AB 168 in 2017.   AB 168 AB 168 was intended to eliminate the gap in pay between male and female workers. […]