Labor and Employment Law Blog

California Legislature Takes A Strong Stance in Response to #Metoo Movement

The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment or sex discrimination. This bill would make any such confidential settlement agreement void as a […]

June 2, 2018 | 2 min read | Tagged: Arbitration, Confidentiality Agreements, Department of Fair Employment and Housing, Employment Arbitration Agreements, Fair Employment and Housing Act, Federal Arbitration Act, Public Policy, Settlement Agreement, Sexual Harassment, Training

AD

Anne E. Dwyer Counsel

Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid

On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage and hour class action was filed and certified against the employer, the employer modified its […]

April 28, 2018 | 1 min read | Tagged: Agreement, Arbitration, California Court of Appeal, Employment Arbitration Agreements, Handbook, Policy, Unconscionable, Wage & Hour, Wage Discrimination, Wages

AD

Anne E. Dwyer Counsel

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 the result by 1.5 for each overtime hour worked. This diverges from the federal regulations […]

March 13, 2018 | 1 min read | Tagged: Bonus, California Supreme Court, Classification, Overtime

BM

Brian Mills Partner

AD

Anne E. Dwyer Counsel

California Employers May Now Be Required to Allow Employees to Leave Premises During Rest Breaks

  Until recently, the California Labor Commissioner’s Office took the position that employers could require employees to stay on the work premises during ten-minute rest breaks, but they were required to let employees leave the premises during 30-minute meal periods. This position changed recently after the California Supreme Court’s decision in Augustus v. ABM Security […]

March 7, 2018 | 2 min read | Tagged: California Labor Office, Meal Period, On Call, On Duty, Paid Breaks, Rest Break

AD

Anne E. Dwyer Counsel

Transgender Issues in the Workplace: Legal Issues and Considerations for Companies

Over the past year, there has been increasing attention on transgendered persons both in the media and in the law. While many hope this wave of attention on transgender issues will increase legal protection for transgender persons, that protection is already in place in many states across the country. Many states and municipalities, including California, […]

October 5, 2016 | 2 min read | Tagged: Bathrooms, Gender Identity, Sexual Orientation

AD

Anne E. Dwyer Counsel