California Labor & Employment Law Blog

Congress Offers New Challenge to NLRB “Quickie” Election Rule

March 5, 2015 - 9:02 AM

By: Mark S. Spring

As reported here in December, the NLRB issued new union election rules that are expected to make it significantly easier for unions to prevail in the election process.  These election rules are scheduled to go into effect in mid-April.  In a January post, we discussed two lawsuits that were filed by pro-business groups...
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Who Decides “Gateway” Issues of Arbitrability of Class/Representative Claims – a Court or an Arbitrator?

March 3, 2015 - 1:15 PM

By: Robin E. Largent

Last week, a California Court of Appeal issued a decision that provides important guidance on drafting of employment arbitration agreements.  In Universal Protection Service, LP v Superior Court (Franco), the employer had its employees sign an arbitration agreement.  The agreement was silent on the issue of class action/representative action claims, but generally...
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Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

March 3, 2015 - 12:04 PM

By: Robin E. Largent

Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme Court’s decision in Iskanian v. CLS Transportation.  In this latest case, Securitas Security Services USA, Inc. v. Superior...
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Class Certification Properly Denied to Sephora Workers Suing for Misclassification

February 26, 2015 - 1:28 PM

By: Robin E. Largent

Today a California Court of Appeal issued its published decision in Mies v. Sephora, holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative employees.  The Court of Appeal originally issued its decision as an unpublished decision in early February...
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DHS Extends Eligibility for Employment Authorization to Certain Spouses of H-1B Workers

February 26, 2015 - 10:19 AM

By: Richard M. Green

On Tuesday, the US Citizenship and Immigration Services issued a final rule extending employment eligibility to the H-4 nonimmigrant spouses of H-1B workers who are not subject to the six year limitation on stay in H status.  Normally, H-1 workers are permitted to remain in the United States for six years and work...
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Department of Labor Issues Final Rule Regarding Definition of Spouse Under FMLA

February 23, 2015 - 10:50 AM

By: Robin E. Largent

The DOL issued a press release today announcing the issuance of its final rule regarding the definition of "spouse" under the FMLA.  The final rule amends the federal FMLA regulations to make clear that “spouses” entitled to FMLA protections include same-sex spouses who were legally married in any state (or outside...
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Ninth Circuit Seeks California Supreme Court Guidance on California’s Day of Rest Law

February 23, 2015 - 10:17 AM

By: Robin E. Largent

California Labor Code section 551 provides that employees are entitled to one day’s rest in seven and that no employer shall cause an employee to work more than six days in seven.  The statute exempts employees who do not work more than 30 hours per week, or who do not work more than 6 hours...
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Federal Overtime Exemption Changes Likely to Occur in Upcoming Weeks

February 17, 2015 - 9:55 AM

By: Mark S. Spring

The Department of Labor last updated its regulations related to the primary FLSA exemptions (administrative, executive, and professional employees) in 2004.  President Obama called for changes to the regulations and a narrowing of the exemptions in 2014.  Recent activities by the Department of Labor and Office of Information and Regulatory Affairs indicate that the Department...
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Blog Editor

Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or rlargent@cdflaborlaw.com BIO »

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