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“Employees Won’t Sue Over Alleged Wage-Hour Violations Occurring During the COVID-19 Crisis!” – and Six Other Myths

Let me be the millionth person to say that we are living in unprecedented times. Well, unless you count the Spanish Flu, which few of us probably dealt with as that was more than a century ago....more

California Attorney General’s Misclassification Suit Against Ride Share Companies Sets the Stage for a November Showdown

For those of you who may have been wondering whether the California Attorney General’s office was still open during the statewide stay-at-home order triggered by the coronavirus, the answer is yes – as evidenced by a...more

Another California Federal Judge Denies Postmates’ Attempts to Escape Thousands of Individual Arbitrations

We have written here about the efforts of several gig economy companies like DoorDash to avoid having to conduct – and pay for – thousands of individual arbitrations alleging that their workers had been misclassified....more

AB 5, Dynamex and Borello: What Standard Governs Independent Contractor Status In California?

It is no secret that independent contractor misclassification claims are being filed against employers with a great deal of frequency, often as class actions and often in California.  Many of those lawsuits have been filed...more

Employers Facing Layoffs Need to Be Mindful of State Laws Regarding Final Pay

In the coming days, weeks and perhaps months, many employers will have difficult decisions to make about their operations and their workforces.  With their operations shutting down or running at less than capacity, many...more

DoorDash Isn’t the Only Company That Has Been Ordered to Conduct More Than 5,000 Individual Arbitrations – Postmates Has Been, Too

Recently, we wrote here about a federal court order requiring DoorDash to conduct more than 5,000 individual arbitrations under the terms of its mandatory arbitration agreements, with each arbitration to address claims that...more

California Supreme Court Holds That Time Spent Waiting by Apple Retail Employees for Exit Searches is Compensable under California...

It is not unusual for businesses at risk of employee theft to implement security screenings for employees as they exit the employer’s facilities.  Such screenings are especially common in industries where small, costly items...more

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Federal Court Extends TRO to Enjoin Enforcement of New California Arbitration Statute

As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of...more

Five Quick Tips on Wage and Hour Compliance - Take 5 Newsletter - December 2019

It seems as though there is a minefield that employers must navigate to ensure that they fulfill their wage and hour obligations to their employees. Employers must somehow comply with overlapping and seemingly contradictory...more

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

California Governor Signs Legislation Outlawing Mandatory Arbitration Agreements with Employees

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry...more

Employers with Operations in California Must Revise Policies and Practices to Comply with New Law Outlawing Mandatory Arbitration...

As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees—a new version of a bill that prior Governor Jerry Brown...more

Compliance with the New DOL Salary Thresholds May Create Unexpected Challenges for Employers (Redux)

In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those...more

Companies Doing Business in California Must Examine the Status of Persons Working as Independent Contractors Due to New...

There may soon be a fair number of big-rig trucks for sale in California, as well as computers, desks, and other material investments of persons who determine that they may no longer offer their services as independent...more

Prepping for Full Compliance! Five Important Legal Compliance Issues Impacting the Hospitality Industry

Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below...more

A Look Back on Wage and Hour Developments in 2018: Blockbuster Cases, FLSA Amendments, and More

Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of...more

California Supreme Court Adopts “ABC Test” for Independent Contractors

On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as...more

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