Newsletters

09.21.17

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall

Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of Employer Information Report (EEO-1) pay data and the battle over the Department of Labor’s (DOL) white collar overtime exemption rule came to an end.


08.31.17

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work

Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover when their employer did not know the overtime work was not being reported or paid, the U.S. Court of Appeals, Seventh Circuit has ruled.


08.10.17

Deferred Vacation Policy Lawful, California Appellate Court Rules

A vacation policy that employees do not begin to earn vacation time until after their first year of employment is lawful, the California Court of Appeal has ruled, affirming dismissal of a former employee’s lawsuit.


07.31.17

Union Posters Crossed the Line, Eighth Circuit Rules

A group of Jimmy John’s workers lost the protection of the National Labor Relations Act (NLRA) with a disloyal poster campaign, the U.S. Court of Appeals for the Eighth Circuit ruled, refusing to enforce the order of the National Labor Relations Board (NLRB) that the employer ran afoul of the ...


07.21.17

California Supreme Court Reverses PAGA Discovery Ruling

On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of discovery in representative actions brought under the state’s Private Attorneys General Act (Cal. Labor Code §§ 2698 et seq.).


06.29.17

DOL Withdraws Obama-Era Guidance, Promises More Change

The new Secretary of Labor officially withdrew the Department of Labor’s (DOL’s) guidance on joint employment and independent contractors, although the agency cautioned in a news release that the removal does not change the legal responsibilities of employers under applicable law.


06.16.17

Class Certification Denial Reversed in Wake of Augustus

Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial court’s denial of a class certification motion and remanded the case.


06.05.17

California Appeals Court: Employee Must Arbitrate Employment Dispute

Holding that an employee was equitably estopped from denying a defendant’s right to arbitrate an employment dispute, a California appellate court affirmed a trial court’s grant of a motion to compel arbitration.


05.19.17

One Day of Rest Mandated by California Supreme Court

Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek, although an employer is not forbidden from allowing an employee, fully apprised of his or her entitlement to rest, to independently choose not to take ...


05.11.17

What Is a “Workplace”? California Appellate Court Considers

A California appellate panel considered the issue of the location of a “workplace” for purposes of employer liability when an employee got into a car accident.