Posted in Civil rights in the workplace, Employee Rights, Employment Law on April 16, 2014
In its first published ruling on the subject, a California appeals court has rejected as unreasonable and as against public policy an employer’s attempt to contractually shorten the amount of time an employee has to sue under California’s Fair Employment and Housing Act (FEHA). Pursuant to the FEHA’s statutory requirements, codified at Cal. Gov. Code
... read more.Posted in Appeals, News on April 14, 2014
Yesterday, the Ninth Circuit published its opinion in Baumann v. Chase Investment Services Corporation, in which it held that the Class Action Fairness Act (the “CAFA”) does not provide a basis for federal jurisdiction over claims brought under the Labor Code Private Attorneys General Act (the “PAGA”). In my most recent blog post, I discussed the
... read more.Posted in Appeals, Civil rights in the workplace, News on April 14, 2014
California’s Labor Code Private Attorneys General Act (the “PAGA”) permits employees to step into the shoes of the state and sue their employers for civil penalties for Labor Code violations when the Labor and Workforce Development Agency declines to investigate the violations or issue citations. Under the PAGA, employees may bring suit on behalf of
... read more.Posted in News, Wage and Hour on April 14, 2014
Interesting class certification decision involving security guards and on duty meal periods from the Central District of California last week. Judge Josephine Staton certified meal and rest period claims involving a class of 15,000 security guards who were required to sign on-duty meal period agreements and then work through their meal periods. The district court’s finding that
... read more.Posted in Civil rights in the workplace, News on April 14, 2014
American society today is engaged in an ongoing cultural conversation about work-life balance and how anyone – and particularly women – can “have it all.” In an effort to address the rapidly changing demographics of the nation’s workforce, San Francisco recently became the first American city to pass a “right to request” law, joining Vermont,
... read more.Posted in Civil rights in the workplace, News on April 14, 2014
Christmas time raises the question for many employers: what is the role of religion in the workplace? Although questions such as whether a Christmas tree in the hall is appropriate or whether it should be a “holiday” or “Christmas” party can be challenging, there’s one question that the California legislature has recently made easier for
... read more.Posted in Civil rights in the workplace, News on April 14, 2014
In Rivera v. Peri & Sons Farms, Inc., No. 11-17365, 2013 WL 5992255 (Nov. 13, 2013), the Ninth Circuit ruled that employers of agricultural guest workers participating in the H-2A visa program must reimburse most travel, recruitment, and immigration-related expenses to H-2A workers in their first week on the job, deepening a circuit split on the
... read more.Posted in Civil rights in the workplace, Employee Rights on April 14, 2014
According to a recent report prepared by the National Women’s Law Center, pregnant workers around the country are very often refused requests for temporary, reasonable modifications to their job duties so they can continue working during pregnancy – for example, the ability to sit for certain periods, to avoid heavy lifting, and to take more frequent bathroom breaks,
... read more.Posted in News, Wage and Hour on April 14, 2014
As I noted earlier – – Big wage and hour news today out of Los Angeles. The Second Appellate District ordered published a powerful opinion reversing a trial court’s order denying class certification in an exempt status misclassification case. The Order in Martinez v. Joe’s Crab Shacks, found here, confirms that the California Supreme Court’s decision
... read more.Posted in News, Undocumented Immigrant Workers on April 14, 2014
New Protections for Undocumented Workers Put California at Vanguard of Progressive Trend in State Legislation The idea that states and localities can-or should-force undocumented immigrants to self-deport by making it impossible for them to work seems to be falling out of favor at last. In California, home to a quarter of the country’s undocumented immigrants,
... read more.Posted in Civil rights in the workplace, Employee Rights, Employment Law on April 14, 2014
PAGA Overview California’s Private Attorney General Act of 2004-or PAGA-gives private citizens the ability to pursue penalties against employers for violations of the California Labor Code. In cases in which plaintiffs successfully bring PAGA claims, 75% of these penalties go to the state entities (specifically, to the California Labor and Workforce Development Agency or LWDA).
... read more.Posted in Employee Rights, Employment Law, News, Wage and Hour on April 14, 2014
Intern Programs and Compliance With the Law For employers, December raises questions about how to prevent problems at the holiday party and what to do when the alcohol and holiday-spirit induced indiscretions inevitably arise. June brings questions about the unpaid interns scheduled to arrive in the next week or so. Although some companies have in
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