Newsletters

10.22.19

Three Issues To Watch This Supreme Court Term

The 2019-2020 U.S. Supreme Court term could have a significant impact on the employment law area, with three major issues already on the docket for the justices to consider.


10.22.19

DOL’s White Collar Exemptions Final

After several years—and significant changes to the plans—the Department of Labor (DOL) finalized the new minimum annual salary requirement for exempt executive, administrative and professional employees.  


10.22.19

Lovin’ It: Ninth Circuit Rules McDonald’s Is Not a Joint Employer

The U.S. Court of Appeals for the Ninth Circuit ruled that McDonald’s is not a joint employer with a franchisee under the definitions found in California Wage Order 5-2001, as it did not have direct control over the store employees or “suffer or permit” them to work.


10.22.19

Employers Cannot Contractually Limit Title VII Claims

Employers cannot shorten the time period in which employees can file a Title VII claim by contract, the U.S. Court of Appeals for the Sixth Circuit has ruled.


10.11.19

California Governor Signs Bill Banning Mandatory Arbitration of Employment Claims

On October 10 2019 Gov Gavin Newsom signed into law Assembly Bill 51 While styled as a bill pertaining to enforcement of employment discrimination under the Fair Employment and Housing Act (FEHA) the bill sweeps far more broadly


09.27.19

DOL Announces Final Overtime Exemption Rule

On March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (“Proposed Rule”) which sought to increase the minimum salary thresholds for the Fair Labor Standards Act’s “white collar” and “highly compensated” overtime exemptions.


09.24.19

Landmark Legislation AB5 Codifies Dynamex ABC Test and More

In a signing statement on September 18, 2019, Governor Gavin Newsom declared Assembly Bill 5 “landmark legislation for workers and our economy.”


09.24.19

California Delays Sexual Harassment Training Requirements

California employers set to comply with the new sexual harassment training requirements arising out of last year’s Senate Bill 1343 got a recent reprieve with new legislation that provides a partial one-year extension. 


09.24.19

California Supreme Court: Unpaid Wages Are Not Recoverable Under PAGA

In a welcome surprise for employers, on September 12, 2019, the California Supreme Court resolved the significant issue of whether unpaid wages constitute a civil penalty recoverable in Private Attorneys General Act (PAGA) claims premised on violations of Labor Code Section 558.


09.24.19

Three Big Moves From the NLRB

The top three stories in National Labor Relations Board (NLRB) news in recent weeks include (1) a decision holding that the misclassification of workers does not constitute an independent violation of the National Labor Relations Act (NLRA), (2) a ruling on mandatory arbitration agreements in the ...