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DOL Proposes New Rule to Increase Minimum Salary Threshold for Exempt Employees
By XobeeAdmin on March 8, 201900On 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 XobeeAdmin on January 10, 2019In 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 XobeeAdmin on January 3, 2019SHLC 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 XobeeAdmin on December 17, 2018Employers 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 […] -
California Clarifies Salary History Ban Law
By XobeeAdmin on November 17, 2018Governor 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 XobeeAdmin on October 31, 2018In 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 XobeeAdmin on October 4, 2018On 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 XobeeAdmin on September 25, 2018A 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 XobeeAdmin on September 24, 2018Voluntary 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 XobeeAdmin on September 17, 2018On 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 […]