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The federal government has published its long-awaited changes to the regulations (the “Final Rule”) that set employee overtime exemptions for executive, administrative, and professional employees under the Fair Labor Standards Act (FLSA). California’s overtime rules are typically more generous to employees than those under the FLSA, so California employers typically focus on those rules. However, […]
By Brian Ewing, Esq. Minimum Wage Conducting periodic reviews of the wages you pay to your employees is important, and even more so this year. Initially, you will want to make sure that all of your employees’ pay rates are at or above the correct state and local minimum wage. The California minimum wage is […]
By: Brian E. Ewing, Esq. Click here to download the revised Employee Relations Policy in PDF format The California Department of Fair Employment and Housing (“DFEH”), which enforces the state’s anti-discrimination laws, has issued new regulations that take effect April 1, 2016. The updated regulations provide new details about implementing several aspects of the state laws […]
By Brian E. Ewing. Esq. Supreme Court Yet Again Upholds the Use of Arbitration Agreements that Waive the Right to Proceed with a Class Action. The U.S. Supreme Court recently approved, yet again, the use of class action waivers in arbitration agreements. In DIRECTV, Inc. v. Imburgia (US 14–462 12/14/15), the Court ruled that a […]
But you should forget the mistletoe & skip the inappropriate gag gifts. . . Holiday parties offer a chance for employees to interact with one another in a more casual atmosphere outside of the office, away from the stressors of work. They can also build morale. If, however, employees become too “casual” at the party, you as an […]
Reminder: the California minimum wage will increase to $10 per hour on January 1, 2016, so companies must ensure all nonexempt employees are being paid at least that amount. This change also indirectly affects some overtime-exempt employees, whose monthly salary must be no less than two times the minimum wage. Those exempt employees whose salaries […]
Employers who pay their employees by “piece-rate” instead of paying the typical hourly wages now need to comply with AB 1513. The new law forces costly new requirements on employers who pay piece rate wages, but also provides some needed clarity in light of recent class action litigation in this area. Importantly, the bill also […]
Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as the California Legislature sees it, the current version of the California Fair Pay Act is virtually identical to the […]
Encino, Calif. – East West Bank, represented by Landegger Baron Law Group, soundly defeated a hotly contested Class Certification Motion, which was brought on behalf of all the bank’s Assistant Branch Managers, on Tuesday, Aug. 25. The Plaintiff had claimed that Assistant Branch Managers, as well as other bank employees, were classified improperly as exempt […]
You, The Law, and Unpaid Sleep Time The California Supreme Court in Mendiola v. CPS Security Solutions clarified an employer’s ability to use unpaid sleep time for workers who work overnight shifts or shifts lasting longer than 24 hours, and significantly limited the exemptions permitting employers to not pay wages for sleep time. In Mendiola, […]