In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written arbitration agreements notwithstanding contrary state law. California courts have a long history of delivering rulings that attempt to narrow the scope and effect of the FAA. As one of the latest examples, the California Court of Appeal for the Fifth District held that truck drivers who complete only intrastate deliveries are exempt from the FAA because their work was part of a “continuous stream of interstate travel.”
Continue Reading Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions
Neutral Services 2019: A New Year that Brings New Training Obligations
While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment Department have years of experience conducting energetic, compliant, and effective harassment prevention training for employers of all sizes and in all industries. The Training Division of the Labor & Employment Department is headed up by Shareholder Beth West. Feel free to reach out to her or Department assistant Ramona Carrillo if you are interested in scheduling training – we are available to discuss a training program that meets the specific needs of your workplace.
Continue Reading Neutral Services 2019: A New Year that Brings New Training Obligations
Neutral Services: We Help You Connect The Pieces
The Labor & Employment attorneys at Weintraub Tobin specialize in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. For more information, please visit our Trainings page here.
New DOL Overtime Rules And The Fluctuating Workweek
Unless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act
States And Congress Challenge New Overtime Rules
As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back. In late September, 21 states jointly filed a lawsuit in the Eastern District of Texas asking that the court block the DOL