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  • 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. […]
  • California Employers Stand Up and Take Notice: Failure To Provide Suitable Seating to Employees May Cost Millions

    By SHLC on October 31, 2018
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    In recent years, California employers have been hit with class action lawsuits alleging that their employees were not provided with “suitable seating,” even when seating would only be appropriate for some of the tasks employees perform.   Two examples from the past month alone illustrate the trend. On October 24, 2018, a California judge approved a $2.6 million class action […]
  • California Enacts New Expansive Workplace Sexual Harassment Laws

    By SHLC on October 4, 2018
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    On September 30, 2018, California Governor Jerry Brown signed a series of bills making significant changes to the state’s workplace sexual harassment laws. The purpose of the newly enacted laws is to expand legal protections to victims of workplace harassment and increase the liability of those who have engaged in such conduct. Together, these new bills make up one of […]
  • Federal Court Issues Important Ruling Interpreting Nevada Wage-and-Hour Law Unfavorably for Nevada Employers

    By SHLC on September 25, 2018
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    A federal appeals court has decided that Amazon warehouse workers in Nevada can move forward with a class action for unpaid wages, based on uncompensated time they spent going through mandatory security screenings at the end of each shift. Under the employer policy at issue in the case, employees were required to undergo a daily security clearance check at the […]
  • The Federal Department of Labor Issued Six New Opinion Letters (Part 2 of a 2-Part Series)

    By SHLC on September 24, 2018
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    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, […]
  • The U.S. Department of Labor Issues Six New Opinion Letters (Part 1 of a 2- Part Series)

    By SHLC on September 17, 2018
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    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 […]
  • California Court Broadens the Scope of PAGA Representative Actions

    By SHLC on August 31, 2018
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    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 […]
  • California Court Finds an Employee Arbitration Agreement Unenforceable Based on Incorrect Translation

    By SHLC on August 20, 2018
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    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 […]
  • Troester v. Starbucks (July 26, 2018): California Supreme Court Views De Minimis Doctrine As A Cup Half Empty Under California’s Wage and Hour Laws

    By SHLC on July 27, 2018
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    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 […]