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Constangy, Brooks, Smith & Prophete, LLP • February 12, 2016
You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act.

Paying "Current" Versus "In Arrears"

Fisher & Phillips LLP • February 12, 2016
Some employers use the colloquialisms "current" and "in arrears" to describe the timing of employees' wage payments.

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

Littler Mendelson, P.C. • February 12, 2016
The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385 charges were filed with the agency, up slightly from the 88,778 charges filed the previous year. The largest number of charges filed with the agency since FY 1997—the first year the agency started compiling such data—is 99,947 charges filed in FY 2011. Charge numbers had steadily declined since that time until this year.

California Court Rejects Arbitration Agreement for Unconscionability

Ogletree Deakins • February 12, 2016
On October 27, 2015, the California Court of Appeal, in an unpublished decision, issued yet another ruling applying the unconscionability doctrine to arbitration agreements in the employment context. In Prince v. Pletcher, B260864, a former production company employee alleged that the defendants violated California’s Fair Employment and Housing Act (FEHA) and committed various other wrongs including fraud, misrepresentation, and breach of contract. The defendants moved to compel arbitration and the plaintiff argued that, among other things, the arbitration agreement was both procedurally and substantively unconscionable. The Court of Appeal affirmed the trial court’s denial of the defendants’ motion to compel arbitration.

Massachusetts Moves Closer to Toughening Pay Equity Requirements

Jackson Lewis P.C. • February 12, 2016
The Massachusetts Senate has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. The House is considering the bill.

California Employers Beware: Many California Cities Have Enacted Minimum Wage Ordinances

Carothers DiSante & Freudenberger LLP • February 11, 2016
California’s minimum wage increased to $10 per hour effective January 1, 2016. This is the second increase in just 18 months under legislation originally signed by Governor Jerry Brown in 2013. Unfortunately, this latest increase to the statewide minimum wage is not the only one facing California employers. More than a dozen cities across California have already enacted their own minimum wage ordinances requiring employers to pay workers at rates as high as $15.37 per hour – and several other cities are looking to follow suit. It is a hodgepodge environment in our state, when it comes to minimum wage regulation.
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