The Labor & Employment Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: Labor

States And Congress Challenge New Overtime Rules

Posted in Employment Contracts and Agreements, Wage & Hour

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… Continue Reading

University Student Assistants Are Employees Under NLRA

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law

On August 23, 2016, the National Labor Relations Board (NLRB) issued a decision in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW.  The NLRB decided that graduate and undergraduate student assistants are common law “employees” within the meaning of the National Labor Relations Act (NLRA).  The… Continue Reading

Ninth Circuit Weighs In On Class Action Waivers

Posted in Employment Contracts and Agreements

A new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements.  The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other.  The Seventh and… Continue Reading

NLRB Revises Back Pay Formula

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

In a 3-1 ruling, the National Labor Relations Board (“Board”) recently revised its back pay formula and radically departed from its traditional remedy for compensating employees who have been unlawfully terminated. The Board’s ruling now supports employees’ rights to recover search-for-work and interim employment expenses, regardless of whether the employees have interim earnings and regardless… Continue Reading

A Collective Bargaining Agreement That Provides For Premium Rates For Overtime Hours Worked Is Not Subject To The Same Overtime Pay Obligations Defined By California Labor Code Section 510

Posted in Wage & Hour

By:   Duyen T. Nguyen In George Vranish, Jr. et al. v. Exxon Mobil Corporation, 2014 DJDAR 761, January 23, 2014, the Court upheld the terms of a collective bargaining agreement (“CBA”) which set forth overtime pay for Exxon Mobil’s employees. Pursuant to the CBA, Plaintiffs were paid at the overtime premium rate of 1.5 times… Continue Reading

Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Hot off the print press –  Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available.   Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco).   Seating is limited so register early to reserve your spot.  Please contact… Continue Reading

Notice To Employers – Audit Your Compensation Plans Based On The Increase To California’s Statutory Minimum Wage

Posted in New Legislation and Regulations, Wage & Hour

By: Lizbeth V. West, Esq. On September 25, 2013 Governor Brown signed Assembly Bill 10 into law. Under the new law the statutory minimum wage for California employees will increase from $8 per hour to $9 per hour as of July 1, 2014. Then, on January 1, 2016, the statutory minimum wage will increase to $10… Continue Reading

Do You Think The ACA Is Asleep Because The Employer Mandate Was Postponed? Think Again!: Required Employee Notices Soon Due!

Posted in Labor Law

Enrollment in the Health Insurance Marketplace is set to begin on October 1, 2013. While many employers believe the requirements of the Patient Protection and Affordable Care Act (ACA) were put off a year for them, many provisions still apply now. By no later than October 1, 2013, most employers must distribute a notice of… Continue Reading

Amendment to the Labor Code Makes it Harder for Employers to Get Attorney’s Fees if They Prevail in an Unpaid Wage or Benefit Claim

Posted in Labor Law, Wage & Hour

By: Lizbeth V. West, Esq. Governor Brown signed Senate Bill (SB) 462 which places restrictions on an employer’s ability to recoup attorney’s fees when it prevails in an unpaid wage or benefit claim. Labor Code section 218.5 previously provided that except in certain circumstances, in an action brought for the nonpayment of wages, fringe benefits, or… Continue Reading

Employer Wins: Independent Contractor Determination Is Binding On California Labor Commissioner

Posted in Labor Law, Wage & Hour

By:  Lizbeth V. West As many California employers are learning the hard way these days, the misclassification of workers as independent contractors rather than employees can have far reaching consequences when an employer is audited by different governmental agencies during either a random audit or an audit that is prompted in response to a claim… Continue Reading

Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet

Posted in Labor Law, Wage & Hour

By:  Shauna N. Correia Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity… Continue Reading

Upcoming Seminar – Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Posted in Labor Law, Wage & Hour

Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain… Continue Reading

Upcoming CEAC Seminar: Labor Law, Hiring and Firing, and Conflict Management

Posted in Labor Law

Join Weintraub Tobin’s attorney Beth West who will be speaking at the Yuba/Sutter/Colusa EAC’s seminar on Friday, June 21, 2013. The Topic: Labor Law, Hiring and Firing, and Conflict Management Time: 8:00 a.m. – 12:00 p.m. Location: Peachtree Golf & Country Club 2043 Simpson Dantoni Road Marysville, CA 95901 For additional information and to register,… Continue Reading

Are You Ready For Your New Compliance Obligations Under The FMLA?

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Lizbeth V. West, Esq. Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight… Continue Reading

Don’t Gamble On Tip-Pooling Arrangements

Posted in Labor Law, Wage & Hour

By:   Brendan J. Begley On Wednesday, the California Court of Appeal affirmed a casino’s tip-pooling arrangement for its card-dealer employees in Avidor v. Sutter’s Place, Inc. That published decision (available at this link) brings to mind verses from Kenny Rogers’ old country song, The Gambler: “You got to know when to hold ’em, know when… Continue Reading

Federal Judge In California Tells Class Counsel to Stand Up: KMart Wins Suitable Seating Case….For Now

Posted in Labor Law

In a well written opinion issued December 19, 2012, Judge William Alsup sides with KMart in a suitable seating case brought against retailer by an employee claiming the checkout stand needed to be reconfigured with a seat to sit down. The Court provided employers with the best explanation so far of employer obligations in these… Continue Reading

You’ve Got To Stand Up To Sit Down: Suitable Seating In California

Posted in Labor Law, Wage & Hour

California Employers have watched in recent years as an obscure provision in California Wage Orders has wreaked havoc in the courts. The provision requires “suitable seating” for employees when the nature of their work reasonably permits the use of seats. Not surprisingly, awareness of this issue came as a result of a warped interpretation of… Continue Reading

2013 Minimum Rates of Pay Announced for Exempt Computer Software, Physician and Surgeon Employees

Posted in Labor Law, Wage & Hour

By:   Meagan D. Christiansen California Labor Code sections 515.5 and 515.6 provide that certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly rate. Effective January 1, 2013, the following rates of pay are required for the employee to… Continue Reading

Warehouse Contractors Now Protected under Labor Code § 2810

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

By:   Meagan D. Christiansen Labor Code section 2810 states that "[a] person or entity may not enter into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, or security guard contractor, where the person or entity knows or should know that the contract or agreement does not include funds sufficient… Continue Reading

First “Commission” Agreements Must Be in Writing. Now the Definition of “Commissions” is Limited Under Labor Code § 2751

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Last year, California revised Labor Code section 2751 such that any employment agreement involving “commission” payments would have to be put into writing with a signed copy of the agreement be given to the employee. Those revisions go into effect on January 1, 2013.

Definition of “Public Works” Broadened to Include the Assembly and Disassembly of Freestanding and Affixed Modular Office Systems

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

By:   Chelcey E. Lieber Governor Brown signed AB 1598 on September 30, 2012, amending Labor Code section 1720 relating to public contracts. The existing law defines the term “public works” for purposes of imposing certain requirements in the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or… Continue Reading