Category
Employment Blog
Proposed California Legislation Seeks To Codify Dynamex Decision (With A Notable Exception For Licensed Real Estate Professionals)
In the year or so since the California Supreme Court issued its unanimous decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles, 4 Cal. 5th 903 …
Drug-Free May Not Be Problem-Free
Recent legislation and case law indicates that now, more than ever, employers should take care before utilizing strict drug-free workplace policies. Stringent policies, without exception, could expose employers to liability …
Department of Labor Proposes Updates and Clarifications to the Definition of “Regular Rate”
On March 28, 2019, the Department of Labor (DOL) released its newest proposed changes to the Fair Labor Standards Act (FLSA). These proposed updates would clarify the definition of “regular …
April 3rd Deadline Set to Determine if Additional Data Required for EEO-1 Filers
The EEO-1 survey opened this week for reporting and is due on May 31, 2019. However, employers may want to wait until after April 3, 2019 to file, as additional …
DOL Announces Notice of Proposed Rulemaking Regarding Increase in Minimum Salary Qualifications Related to Overtime Exemptions
On March 7, 2019 the United States Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) regarding an increase in the minimum salary used to qualify an employee …
U.S. Supreme Court Overturns Decision Prohibiting Employers from Paying Women Less Than Men Based on Their Salary History
A Ninth Circuit Court decision from April 2018 prohibiting employers from paying women less than men based on their salary history has been overturned on a technicality by the U. …
Hotel and Transit Employers Must Provide Anti-Human Trafficking Training
An estimated 40 million people live in modern slavery, more than ever before in human history, according to the 2018 Global Slavery Index. The International Labour Organization reports that slavery …
Requiring a Nonexempt Employee to Call-In to Work May Require Providing Reporting Time Pay
On February 4, 2019, the California Court of Appeal issued its ruling in Ward v. Tilly’s, Inc. The Court held that employers requiring a nonexempt employee to report in by …
Efforts to Limit Solicitation or Competition by Former California Employees Unlawful
Traditional “non-compete” agreements usually take one of three forms. First are agreements, based upon legitimate and reasonable business reasons, providing that for some limited amount of time and in some …
California Department of Fair Employment and Housing Publishes Guidelines on Sexual Harassment and Abusive Conduct Prevention Training
As we previously reported, California recently passed legislation requiring mandatory sexual harassment training for any employer who has 5 or more employees (AB1343). The Department of Fair Employment and Housing …