With lawsuits against ride-sharing companies like Uber and Lyft in the news, the issue of whether a worker is an independent contractor or an employee has been getting quite a bit of attention recently. The following case involved an employee performing what now seems like an almost old-fashioned occupation: taxicab driver.
Category: California HR
Many call California the nation’s hot bed for employment laws and regulations. There are many HR considerations that only apply to California employers. Check out these resources to develop a strategically focused HR plan while also staying abreast of critical compliance challenges under California and federal law.
A hotel housekeeping employee was brutally raped by a trespasser while she was working at the hotel. The employee sued her employer for violating the California Fair Employment and Housing Act (FEHA) provisions requiring it to protect her from nonemployee sexual harassment.
In an unfavorable opinion for California employers, a California Court of Appeal recently ruled that (1) employees seeking damages in an action arising under Section 226(a) of the Private Attorneys General Act of 2004 (PAGA) needn’t sustain any injury to bring the action, (2) the employer’s violations need not be “knowing and intentional” to subject it […]
Pay equity, parental leave, and criminal history are hot topics that have been grabbing attention for some time, and employers in California now need to prepare for three newly signed laws addressing those issues.
Over the spring and summer, the Equal Employment Opportunity Commission (EEOC) was busy cracking down on employers for various pay and disability discrimination violations, in Maryland and California.
An enforceable arbitration agreement can lead to a streamlined and more expeditious resolution of issues on an individual, rather than a classwide, basis. It’s important for employers to know how to enforce a valid arbitration agreement and how to avoid losing your ability to enforce such an agreement. A recent case is a cautionary tale […]
A California auto detail business required its employees to work for at least 1 year before earning vacation. An employee left after 6 months and received no vacation pay upon his departure. He sued the company, claiming it unlawfully required him to forfeit his accrued vacation pay.
What happens if an employee files a lawsuit that includes both representative claims under the Private Attorneys General Act of 2004 (PAGA) as well as individual claims for unpaid wages? May the employer enforce arbitration of the individual claims for unpaid wages, even though PAGA claims aren’t subject to arbitration? A recent case before the California Court of Appeal answers that question.
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime […]