California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers

The Federal Motor Carrier Safety Administration (“FMCSA”) recently ruled that California’s meal and rest break rules are preempted by the Motor Carrier Safety Act (“MCSA”), 49 U.S.C. § 31141, as applied to property-carrying commercial motor vehicle drivers covered by the … Continue reading

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California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses

Earlier this week the California Supreme Court ruled that when calculating the regular rate of pay for flat rate bonuses an employer must divide the employee’s total pay (including the bonus) by the employee’s total non-overtime hours worked and multiply … Continue reading

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Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the Dodd-Frank Act

In Digital Realty Trust Inc. v. Somers, the Supreme Court in stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers employees who first … Continue reading

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