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Effective January 1, 2018, the California Immigrant Worker Protection Act (the “Act”) requires private and public employers to “resist” informal worksite inspections by federal immigration enforcement agents. This new California law puts employers between the proverbial rock and a hard place by imposing significant fines (penalties between $2,000 and $10,000 per violation) on employers or

On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other employees. PAGA allows employees to file lawsuits to recover civil penalties for violations of the California Labor Code on behalf of

Transgender and gender non-conforming employees now have added protections in California workplaces. On October 15, 2017, Governor Jerry Brown of California signed an amendment to California’s Fair Employment and Housing Act (“FEHA”) requiring certain California employers to provide additional sexual harassment prevention training. The original law, Government Code 12950.1, requires employers with at least 50

Employers in California received an important reminder this past month as to why it is necessary to be specific when identifying the claims that are subject to arbitration in an employee arbitration agreement. The case Cortez v. Doty Bros[1] examined the strict manner in which employment-related arbitration agreements are interpreted under California law.  The

Yesterday, to the surprise of many, a federal judge in Texas issued a preliminary injunction blocking implementation of the U.S. Department of Labor’s new overtime rule that otherwise would have substantially increased the minimum salary level for the so-called white collar exemptions on December 1. The new rule, which effectively doubled the minimum salary level for the executive, administrative and professional exemptions under the Fair Labor Standards Act (“FLSA”), would have made millions of workers across the country eligible for overtime. As a result of the court’s ruling, employers will no longer need to raise these employees’ salaries on December 1 to maintain their exempt status. It seems likely that the new rule may not take effect for some time, if at all.

Continue Reading District Court Bars DOL From Implementing Controversial Overtime Rule That Would Have Made Millions Of Currently-Exempt Workers Eligible For Overtime

Why Senate Bill No. 1241 may mean you need to clean up your employment contracts.

On September 25, 2016, California Governor Jerry Brown signed a bill updating section 925(a) of California’s Labor Code. As a result, employers must carefully evaluate whether they can require most California-based employees to agree to another state’s or jurisdiction’s choice of law and forum selection as a condition of entering into employment. This new law applies to employment contracts entered into, modified, or extended, on or after January 1, 2017 with employees who primarily work and reside in California.

Continue Reading Housekeeping in California

In preparation for Election Day, employers around the country will be faced with employee requests for time off to vote. Employers may also wrestle with the need to prevent workplace conflict related to political discussion. This summary provides guidance for employers with operations in California, Colorado, the District of Columbia, Florida, Maryland, New Jersey, New York, Pennsylvania, Texas, and Virginia on the rules for time off from work to vote and some practical steps to prevent political disputes in the workplace.

Continue Reading Election Day Procedures for Employers

On May 18, 2016, the U.S. Department of Labor issued a highly-anticipated final rule that makes millions of workers eligible for overtime pay. The rule substantially changes the requirements for classifying “white collar” employees as “exempt” under the Fair Labor Standards Act, and will require employers to either significantly raise affected employees’ salaries or reclassify them as non-exempt and begin paying them overtime. The rule takes effect on December 1, 2016. Employers should act now to ensure they will be in compliance with the new rule by the effective date.

Continue Reading DOL Final Rule Expands Overtime Obligations for Millions of Currently Exempt Workers