New FLSA Rule to Give Over Four Million Workers the Right to Overtime Pay

By | 2016-05-20T14:13:47+00:00 May 20th, 2016|Employment Law, Wage & Hour|

The Fair Labor Standards Act (“FLSA”) sets the minimum wage, overtime pay, recordkeeping, and other standards for employment across the nation. Though states may expand those rights and provide greater protections for their citizens, the FLSA sets the baseline standard that all employers (both public and private) must adhere to. On May 18, 2016, the [...]

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California Supreme Court Rules Employers Cannot Force Their Employees to Stand All Day When Their Tasks and Workstations Reasonably Allow Them to Take a Seat

By | 2016-04-11T15:17:07+00:00 April 11th, 2016|Class Actions, Employment Law, Wage & Hour, Working Conditions|

The California Industrial Welfare Commission (“IWC”) regulates working conditions, working hours, and wages for specific industries via its published Wage Orders. One such regulation requires employers to provide employees “with suitable seats when the nature of the work reasonably permits the use of seats.” See IWC Wage Orders 1-13 and 15, Section 14(A), and IWC [...]

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New California Employment Laws for 2016

By | 2017-05-24T20:18:45+00:00 January 4th, 2016|Wage & Hour, Whistleblower|

Along with New Year resolutions, 2016 brings us a host of new laws affecting the employment arena. Here is a short summary of a few of these new laws: Minimum Wage Increase:  Effective January 1, 2016, the minimum wage in California is increasing to $10 per hour. Employment Discrimination: Effective January 1, 2016, AB 987 [...]

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Uber Drivers Win Class Certification

By | 2015-09-01T15:42:37+00:00 September 1st, 2015|Wage & Hour|

On September 1, 2015, Judge Chen of the U.S. District Court in the Northern District of California certified a class of California Uber drivers who claim they were misclassified as independent contractors and cheated out of tips. Judge Chen found that common issues of fact and law predominate with respect to the Uber drivers' claims [...]

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Contract Attorneys May Be Entitled to Overtime Pay

By | 2015-07-27T07:44:09+00:00 July 24th, 2015|Employment Law, Wage & Hour|

On July 23, 2015, the Second Circuit found that the trial court erred by concluding that contract attorneys “engaging in document review per se constitutes practicing law,” and remanded the case for further proceedings on the issue.  Whether the attorneys were “practicing law” is important because if they were they would be exempt from certain [...]

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Does a Rest Break Need to be Free from All Duty or Control as Is the Case for Meal Breaks?

By | 2015-06-04T15:19:56+00:00 June 3rd, 2015|Employment Law, Wage & Hour|

The California Supreme Court previously clarified in its landmark decision in Brinker Restaurant Corp v. Superior Court that employers need to make breaks available but do not need to police or ensure the breaks are taken.  However, the decision did not directly address the issue of whether a rest break need to be free from [...]

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New California Bill Would Help Enforcement Against “Epidemic” Wage Theft

By | 2015-04-28T14:19:06+00:00 April 27th, 2015|Employment Law, Wage & Hour|

California’s Senate leader has introduced a new bill, S.B. 588, that would allow state regulators efforts to go after employers that illegally withhold wages from workers by requiring employers who have failed to pay court orders to post a bond of $150,000. In discussing S.B. 588, State Senate President Pro Tem Kevin de Leon stated that [...]

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Judge Defers to the Jury to Decide Status of Popular “Lyft” Drivers’ Status as Employees versus Independent Contractors

By | 2015-03-19T13:29:39+00:00 March 19th, 2015|Employment Law, Wage & Hour|

On March 11, 2015, a federal court was asked to decide, as a matter of law, whether Lyft drivers are “employees” or “independent contractors” under California law.  The matter is Cotter v. Lyft, Inc., 2015 U.S. Dist. LEXIS 30026, No. 13-cv-04065-VC (N.D. Cal. Mar. 11, 2015).   The “answer is of great consequence for the drivers, [...]

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Employers Have to Pay Workers For All the Time They Spend on a Job, Even If They’re On-Call or Sleeping

By | 2015-01-16T08:47:22+00:00 January 9th, 2015|Wage & Hour|

On Thursday, January 8, 2015, the California Supreme Court clarified that the concept of “hours worked” under California law is not the same as it is under federal law, finding California law calls for a higher standard.   The case is Mediola v. CPS Security Solutions, Inc., No. S21704. The case involved employer CPS Sec. Solutions, [...]

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Overview of New 2015 Laws Affecting California Employees

By | 2015-01-05T21:12:46+00:00 December 17th, 2014|Discrimination, Employment Law, FMLA Leave, Maternity/Pregnancy Leave, Religious Discrimination, Retaliation, Sexual Harassment, Wage & Hour|

The CalChamber Employment Law Counsel recently published a white paper, titled "An Overview of New 2015 Laws Affecting California Employers." The white paper identifies some of the noteworthy new employment laws from the California Legislature.  The range of subject matters the new laws affect include: (1) Discrimination, Harassment and Retaliation Protections; (2) Leaves of Absence; (3) Wage [...]

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