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Brinker‘s Effect on California Meal and Rest Periods
In a highly anticipated decision largely hailed as a victory for employers, the California Supreme Court, in Brinker v. Superior Court, No. S166350 (Cal. April 12, 2012), clarified employers’...
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D.C. Circuit Enjoins NLRB Posting Requirement
In a key update regarding an issue that will affect all employers, on April 17, 2012 the U.S. Court of Appeals for the District of Columbia Circuit issued an injunction requiring the National Labor...
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Christopher v. SmithKline Beecham – Supreme Court holds Pharma Reps Exempt...
On June 18, 2012, a 5-4 split United States Supreme Court held in Christopher v. SmithKline Beecham Corp. that under the most reasonable interpretation of the Department of Labor’s regulations,...
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SCOTUS Will Decide Whether Rule 68 Offers Moot FLSA Collective Actions
The U.S. Supreme Court granted cert on June 25, 2012 in Genesis Healthcare Corp. v. Symczyk to resolve a federal circuit split on whether an FLSA collective action is mooted when the lone plaintiff...
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Menes v. Roche
In a victory for pharmaceutical companies, the Ninth Circuit Court of Appeals recently held that plaintiff-appellant pharmaceutical sales representatives (“reps”) were exempt from California law’s...
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Eighth Circuit Rules Employers Can Change Workweek Regardless of Effects on...
On October 10, 2012, the Eighth Circuit in Abshire v. Redland Energy Services, LLC (Case No. 11-3380) confirmed that under the FLSA, employers are allowed to alter the days contained in employees’...
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California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces...
Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that...
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Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the...
A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23. In Espenscheid v....
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Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No...
As employers welcome a new group of eager interns to their offices this summer, employers may be thinking about the recent wave of class action lawsuits alleging that unpaid internships violate minimum...
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California Employers: Test Yourself – Are You Ready for 2014?
If you have employees in California, you are, no doubt, aware that California laws are constantly changing and have a tendency to sneak up on even the best companies. To help prepare you for the year...
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San Francisco Employers Beware: New Extensive Restrictions on Use of Criminal...
The use of criminal background checks when hiring employees has become even more limited in San Francisco. On August 13, 2014, the recently passed Fair Chance Ordinance (Ordinance) becomes operative...
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Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed”...
Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in...
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Secretly Working Off The Clock—You Don’t Get Paid For That!
Following principles that federal courts have applied in similar cases under the Fair Labor Standards Act, a California appellate court recently confirmed that employers are not liable under the...
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No One Likes A Bully: New California Law Mandates Anti-Bullying Training In...
On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment...
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Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal...
Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure...
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Show Me The Money: Yes, Even Corporate Officers Can Collect Dodd-Frank Bounty...
On March 2, 2015, the SEC announced a whistleblower bounty award of between $475,000 and $575,000, its 15th under the Dodd-Frank whistleblower program. While the SEC’s order is scant on detail, it...
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Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On...
On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many...
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It Pays to Play: Judge Finds Costs Still Recoverable By Prevailing Employers...
On May 4, 2015, the California Supreme Court issued its decision in Williams v. Chino Valley Independent Fire District, holding that unsuccessful FEHA plaintiffs should not be ordered to pay the...
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Legislative Updates Employers Should Know About to Avoid Wringing in the New...
The California legislature played an active role in 2015 by enacting new rules and amendments in many employment areas. The following covers some of the key highlights, some of which became effective...
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California Bill Seeks to Enable Independent Contractors in the “Gig Economy”...
In what could prove a harbinger of worker classification developments to come, Assembly Member Lorena Gonzalez (D – San Diego) has proposed AB 1727, “The California 1099 Self-Organizing Act.” The bill,...
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