Carothers DiSante & Freudenberger LLP • May 03, 2016
Yesterday, the Ninth Circuit issued its decision in Corbin v. Time Warner-Advance Newhouse, rejecting an employee’s claim that he was unlawfully denied compensation for hours worked due to his employer’s poilcy of rounding time entries to the nearest quarter hour. The Ninth Circuit further rejected the employee’s claim that the trial court erroneously denied class certification on the rounding claim.
Shaw Valenza LLP • May 01, 2016
When Governor Brown signed Senate Bill 3 into law on April 4, 2016, California joined New York as the first states in the nation with a plan to implement a $15 per hour minimum wage. The news stories over simplify the new law, which not only phases-in minimum wage increases over several years, but also includes some potential delays and different schedules based on business size. Employers therefore have time to plan for the economic effects on the cost of running their businesses.
Jackson Lewis P.C. • April 29, 2016
California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum wage in addition to the piece rate, must be separately paid for non-productive time. The amount of time for these periods, the applicable rates of pay, and gross wages for these periods is required to be on the wage statement.
mployers in Los Angeles and Chicago may need to comply with new sets of paid sick leave rules based on proposed amendments to local minimum wage ordinances. Paid leave expansion in these municipalities is part of a larger, national trend, with California employers experiencing a particularly eventful year. The increase in paid sick leave protections has been checked by a rise in state preemption legislation and by the vocal opposition of prominent business groups, often representing small employers or certain affected industries.
Ogletree Deakins • April 28, 2016
On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward California employers that employ transgender employees. The new one-page guidance, “Transgender Rights in the Workplace,” defines “gender expression,” describes two kinds of gender transitions, provides answers to three frequently asked questions for employers, and describes how to file a pre-complaint inquiry with the DFEH.
Ogletree Deakins • April 27, 2016
In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge these signatures as inauthentic in response to employers’ motions to compel arbitration of the employees’ lawsuits. These challenges are based on employees’ claims that they either did not sign the agreement or that they can’t remember ever having seen the agreement and, if they had, that they would never have signed it. Many judges have been taking these challenges seriously and requiring employers to respond through extensive briefing and evidentiary hearings to authenticate the employee signatures.
Shaw Valenza LLP • April 25, 2016
The California Supreme Court in Kilby v. CVS Pharmacy (opinion here) issued a unanimous opinion interpreting California Wage Orders' (section 14(A)) requirement that employers provide
Shaw Valenza LLP • April 25, 2016
Wait, don't skip this one yet. It's not just another arbitration case. If your business uses electronic acknowledgments of policies, handbooks or employment agreements (commissions, confidentiality agreements, etc.), it's worth a read.
Jackson Lewis P.C. • April 25, 2016
A federal appeals court has held a forum selection clause in a non-disclosure agreement does not cover trade secret misappropriation and related claims that are not based on the agreement. In re Orange, S.A. v. United States District Court, 2016 U.S. Ap. LEXIS 648 (9th Cir. 2016).
Jackson Lewis P.C. • April 22, 2016
New California Fair Employment and Housing Act regulations that went into effect April 1, 2016, requiring employers to have a discrimination, harassment, retaliation, and prevention policy also set new benchmarks for mandatory sexual harassment training procedures.