Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: California

Weekly catch-up

Posted in Immigration, Only in California
California Streamin’. Gov. Jerry Brown has either signed into law or allowed to take effect a torrent of new employment laws that will take effect January 1. Nestor Barrero of our LA-Century City Office has a summary of the significant ones, with recommendations for employers with operations there. Check it out! Travel Ban 3 has been… Continue Reading

Q and A on the recent controversy

Posted in Affirmative Action, Corporate Culture, First Amendment, HR, Labor Relations, Protected Concerted Activity, Retaliation
On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only “within reason,” then it’s a… Continue Reading

Weekly catch-up

Posted in California FEHA, Discrimination, Gender Identity Discrimination, Politics, Wage-Hour
Overtime rule – what’s the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor’s brief in the case challenging the Obama Administration’s overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position,… Continue Reading

Litigation tactics can be FLSA retaliation? Wow.

Posted in Immigration, Lawyers!, Retaliation, Wage-Hour
Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last week. Are these judges crazy? You decide. In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Harassment, HR, Only in California, Wage-Hour
A “print and save” for California employers, to be sure. Richard Bromley and Aaron Rutschman of our Los Angeles-Century City Office have a comprehensive guide to the Golden State’s often-confusing laws on paid meal and rest breaks. If you have operations in California, you need to read this and keep a copy for future reference. The… Continue Reading

Weekly catch-up

Posted in Class actions, eLaw, Elections, Gender Identity Discrimination, Politics, Wage-Hour
Attention, New York employers! The Empire State (and the Big Apple) have enacted a number of employment-related laws — including minimum wage, family leave, freelance worker protections, and bathroom designations — that have recently taken effect, or will take effect in the not-too-distant future. Anjanette Cabrera and Stephen Stecker from our New York City Office… Continue Reading

Weekly catch-up

Posted in Only in California
I hope you saw this before the holidays. Richard Bromley and Kacy Coble have a very helpful summary of the most significant new employment laws that took effect or will be taking effect in 2017 in California. If you have operations in the Golden State or are thinking about moving there, you will not want to miss it.… Continue Reading

Look out, employers! The new Class Action Outlook is out!

Posted in Class actions
The Spring 2016 edition features (in order of appearance) Naveen Kabir on the Supreme Court’s Tyson Foods decision, Anna Rothschild on the Supreme Court after Justice Scalia and Merrick Garland’s record on labor and employment cases, Mallory Schneider Ricci on the Supreme Court’s CRST Van Expedited v. EEOC decision (if you haven’t already, please check… Continue Reading

Too many RULES, man!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, Only in California, Wage-Hour
“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin… Continue Reading

What’s the world coming to? Federal OT rule is more employee-friendly than California law!

Posted in Only in California, Wage-Hour
BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA! Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the… Continue Reading

California’s Fair Pay Act: Gender equity beyond compare

Posted in Equal Pay, Only in California
Starting in January, California has rolled out Equal Pay Legislation 2.0—the new generation in equal pay legislation. It has become the first jurisdiction to adopt a true “comparable worth” standard for pay equity. Typically states follow the federal Equal Pay Act to require that employers pay men and woman alike for “equal work” which requires… Continue Reading

Ugh. HR consultant hit for $1MM in unpaid overtime

Posted in Wage-Hour
No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267 employees. The payment is in settlement of a wage-hour investigation conducted by the San Francisco office of the U.S. Department of Labor. According to the DOL, TriNet… Continue Reading

Only in California: Standing up for sitting down

Posted in Only in California, Wage-Hour
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws. California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of… Continue Reading

Two new high-profile employment suits that you’ll want to watch

Posted in Americans with Disabilities Act, Defamation, Discrimination, Employment at Will, Retaliation
We have not one, but two new high-profile employment lawsuits that are worth following long-term: Former head football coach Steve Sarkisian’s alcoholism-discrimination lawsuit against the University of Southern California, and the wrongful termination lawsuit filed against the Michigan House of Representatives by former aides to adulterous former legislators Todd Courser (resigned) and Cindy Gamrat (expelled). Full “scorecards” appear… Continue Reading

Trojan travails: Coach Sarkisian’s alcoholism-discrimination lawsuit against USC

Posted in Americans with Disabilities Act, California FEHA, Discrimination, Retaliation
Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on the whole situation than I do. But who cares! I still think it’s a great topic, and a case worth following! Here’s the deal,… Continue Reading

Denial isn’t just a river in Egypt – it may be defamation. Ask Bill Cosby.

Posted in Uncategorized
“Drag a $100 bill through a trailer park, you never know what you’ll find.” “Every word she writes is a lie, including ‘and’ and ‘the.'” “Did NOT!” Can a denial open you up for a defamation suit? Apparently. This is essentially what recently happened to Bill Cosby. Three women said that Mr. Cosby sexually abused them many years ago, before many of… Continue Reading