• 03.27.19

    DOL Steers Middle Course With White Collar Exemption Proposal

    After several years and much uncertainty, the Department of Labor (DOL) published a new proposed rule that would raise the annual minimum salary requirement for the Fair Labor Standards Act (FLSA) “white collar” overtime exemption to $35,308, or $679 per week.

  • 02.27.19

    Calling California Employers: On-Call Shifts May Trigger Reporting Time Pay

    An employer’s on-call scheduling practice triggered the reporting time pay requirements of California’s Wage Order 7, an appellate court in the state recently held, reversing dismissal of the suit.

  • 01.08.19

    Impact of Dynamex Continues to Grow

    We continue to see the impact of the California Supreme Court’s Dynamex Operations West, Inc. v. Superior Court of Los Angeles decision about what is the legal standard to determine whether workers should be classified as employees or independent contractors.

  • 12.05.18

    California Appellate Panel: No Fees, Costs for Nonfrivolous FEHA Cases

    An award to a prevailing party for fees and costs after the losing party rejected a Section 998 pretrial settlement offer does not apply to nonfrivolous cases filed under the Fair Employment and Housing Act (FEHA), a California appellate panel has ruled.

  • 11.14.18

    California Employers Face Busy 2019 With Host of New Laws

    With the dozens of new laws enacted by the California legislature and signed into law by outgoing governor Jerry Brown, employers in the Golden State will have little time to rest over the holidays as they prepare for new requirements.

  • 11.01.18

    DFEH Documents Increased Complaints in 2017 Litigation Report

    What has the Department of Fair Employment and Housing (DFEH) been up to?

  • 10.17.18

    Drivers’ Class Action Against Uber Crashes Into Arbitration

    Uber drivers seeking to be classified (and compensated) as employees and not independent contractors were dealt a blow by the U.S. Court of Appeals, Ninth Circuit when the federal appellate panel reversed class certification and ordered the drivers to arbitration.

  • 10.08.18

    California Governor Signs Bills Aimed at Preventing Workplace Harassment

    On September 30, 2018, Governor Brown signed a bill prohibiting the inclusion of confidentiality provisions in settlement agreements in cases and administrative actions involving sexual harassment, as well as other sexual offenses, while allowing the claimants in such actions to retain the right to ...

  • 09.20.18

    California Legislature Keeps Employers Busy

    The California legislature did not slow down over the summer months, passing several employment-related bills and sending them to Governor Jerry Brown’s desk for a signature.

  • 08.22.18

    Employer Violated ADA by Firing Diabetic Employee

    An employer violated the Americans with Disabilities Act (ADA) for terminating a diabetic employee who drank orange juice at the cash register during hypoglycemic episodes, the U.S. Court of Appeals for the Sixth Circuit has affirmed.