California Labor & Employment Law Blog

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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Employer Agent Who Signs Section 2 the I-9 Form Must Review the Employee’s Original Documents

February 4, 2015 - 11:40 AM

By: Richard M. Green

On January 20, 2015, the US Department of Justice Executive Office for Immigration Review handed down its decision in US v. Employer Solutions Staffing Group II, LLC, upholding stiff penalties imposed by Immigration and Customs Enforcement (ICE) on an employer for technical I-9 violations.  Employer Solutions Staffing Group II, LLC (ESSG) is a staffing agency that...
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California Supreme Court Grants Review in Independent Contractor Misclassification Case

February 3, 2015 - 7:10 PM

By: Robin E. Largent

Last week the California Supreme Court granted the employer’s petition for review in Dynamex v. Superior Court, an independent contractor misclassification case in which the Court of Appeal held that the test for independent contractor versus employee status depends on whether the employee is alleging a violation of wage order provision or not....
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California Court:  On-Call Rest Breaks Are Permissible

February 3, 2015 - 12:10 PM

By: Robin E. Largent

Last week a California Court of Appeal issued its published decision in Augustus v. ABM Security Services, Inc., overturning a $90 million class judgment against ABM based on its purported failure to provide its security guards with proper rest breaks.  Although it was undisputed that the security guards regularly were provided with and took rest...
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Two Lawsuits Now Pending In Attempt to Invalidate NLRB Quickie Election Rules

January 23, 2015 - 9:25 AM

By: Mark S. Spring

On December 12, the NLRB adopted its final rule amending its representation election procedures to provide for shortened election periods (aka “quickie elections”) and other changes to the election process.  These changes will make it more difficult for employers to effectively campaign and challenge the election process before the voting takes place. ...
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Supreme Court Denies Review in Iskanian v. CLS Transportation

January 20, 2015 - 11:55 AM

By: Robin E. Largent

Today, the United States Supreme Court issued an order denying review of the California Supreme Court’s decision in Iskanian v. CLS Transportation.  CLS Transportation had petitioned for review of the California Supreme Court’s recent ruling that a PAGA representative action waiver in an employment arbitration agreement is unenforceable.  Although...
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It Pays to Sleep on the Job in California

January 8, 2015 - 1:55 PM

By: Robin E. Largent

Today the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc., addressing the issue of whether security guards working 24-hour shifts have to be paid for all 24 hours or whether 8 hours of sleeping time (during which the security guards are simply on-call) may be uncompensated.  The Court held that the...
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Cal Labor Law

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

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