White House Pressing Congress to Pass an Act Allowing Americans 7 Days of Paid Sick Leave

By | 2015-01-16T08:51:35+00:00 January 16th, 2015|Employment Law, FMLA Leave|

According to a January 14, 2015 statement released by President Barack Obama’s senior adviser, Valerie Jarrett, the White House will press Congress to pass the federal Healthy Families Act that would allow Americans to earn up to seven days a year of paid sick time. The plan is to create paid-leave programs with money from the [...]

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Employees Have the Right to Receive a Copy of Their Personnel File and Records

By | 2015-01-06T13:28:25+00:00 June 9th, 2014|Employment Law, Uncategorized, Wage & Hour|

Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Labor Code Section 1198.5.  Inspections must be allowed at reasonable times and [...]

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Victory for LGBT Workers as U.S. Senate Passes Federal Ban on Workplace Discrimination Based on Sexual Orientation or Gender Identity

By | 2015-01-06T13:49:39+00:00 November 8th, 2013|Discrimination, Employment Law|

In a victory for LGBT (lesbian, gay, bisexual, or transgender) workers, the U.S. Senate approved a bill on Thursday which would ban workplace discrimination based on sexual orientation or gender identity. The Employment Non-Discrimination Act (“ENDA”) would prohibit employers from firing, discriminating against, or refusing to hire employees or job applicants on the basis of [...]

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Law Firms May Hire Law Students as Unpaid Interns for Pro Bono Cases

By | 2015-01-06T14:11:42+00:00 September 17th, 2013|Uncategorized|

Last week, the U.S. Department of Labor clarified its position on unpaid internships for law students at law firms, explaining that under federal law, unpaid internships are permissible in some circumstances. The federal Fair Labor Standards Act (“FLSA”) generally does not permit individuals to volunteer to work unpaid for for-profit businesses such as law firms. [...]

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Class Action Suit Against Kmart Corp. Moves Towards Settlement

By | 2015-01-06T14:03:00+00:00 August 5th, 2013|Uncategorized|

A class action suit filed against Kmart on behalf of current and former employees has been cleared to move towards settlement, however, federal judge overseeing the case, Judge William Alsup, has concerns over the percentage of the payment going to class members. Kmart agreed to settle the case, regarding the lack of “suitable seating” that [...]

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Court Hands Down Victory for Employees Who Do Piecework

By | 2015-01-06T14:16:58+00:00 April 25th, 2013|Uncategorized|

The Second District Court of Appeal recently handed down a victory for employees who do piecework. The Court held that employees who are paid according to the amount produced (i.e., piecework) must also be paid separate hourly compensation for the hours spent waiting for work or doing other tasks during their shifts. In Gonzalez v. [...]

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Pregnant Employees Entitled to Pregnancy Leave In Addition to General Disability Leave

By | 2015-01-06T14:27:05+00:00 March 20th, 2013|Uncategorized|

California pregnancy leave laws are notoriously complex. Under the Pregnancy Disability Leave Law (“PDLL”), which is part of the Fair Employment and Housing Act (“FEHA”), employees are entitled to up to four months of leave for pregnancy-related disabilities. If an employee’s pregnancy-related disability persists beyond four months, however, the law was previously unclear regarding whether [...]

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FMLA Leave Expanded for Military Family Members and Airline Flight Crew Employees

By | 2015-01-06T14:26:45+00:00 March 13th, 2013|Uncategorized|

The U.S. Department of Labor has amended the Family Medical Leave Act (“FMLA”) to expand leave available to military family members and airline flight crew employees. The expansion is expected to affect more than 91 million workers working for 1.2 million employers. Military Family Members Qualifying Exigency Leave Employees eligible for FMLA are entitled to [...]

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Foreign National Employees Settle Wage and Hour and Breach of Contract Claims for $30 Million

By | 2015-01-06T14:33:43+00:00 March 11th, 2013|Uncategorized|

A recent $30 million settlement is likely to encourage future class action lawsuits by foreign national workers. In Vedachalam v. Tata America International Corp., et al., a class of foreign national workers sued their employer, Tata Consultancy Services, Ltd., a Mumbai-based staffing company, for breach of contract and wage and hour violations. The plaintiffs alleged [...]

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California Supreme Court Depublishes Three Decisions Interpreting Brinker

By | 2015-01-06T14:33:33+00:00 March 6th, 2013|Uncategorized|

Last April, the California Supreme Court resolved long-standing confusion regarding the definition of the word “provide” in Labor Code §512, which requires employers to provide meal breaks to employees who work for more than five hours. In the landmark Brinker decision, the Court clarified that an employer must relieve its employees of all duties during [...]

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