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 […]
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 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 […]
Each year, California employers are faced with the task of keeping up with a whole new round of labor laws and regulations, most of them courtesy of the state legislature. This year is no exception, with many changes occurring midyear. Staying up to date and ensuring compliance with these ever-changing state, local, and federal laws […]
Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.
Thanks to the California Legislature’s largesse toward public-sector labor unions, California public employers must now allow unions access to new employee orientations and must give unions contact information regarding new employees.
In a recent case, the court of appeal agreed with a public university, which also happens to be one of California’s largest employer, that certain laws regulating the retirement status and rights of peace officers do not apply to the university under its own retirement plan—even after the university reversed its own practice of complying […]
A recent decision from a California Court of Appeal addressed the issue of whether a worker without a work permit was entitled to minimum wage and overtime protections under federal and state law. Further, the court examined the novel issue of whether lodging and meals provided to an employee may be used to satisfy the […]