Who Decides “Gateway” Issues of Arbitrability of Class/Representative Claims – a Court or an Arbitrator?
March 3, 2015 - 1:15 PM
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...
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
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...
Class Certification Properly Denied to Sephora Workers Suing for Misclassification
February 26, 2015 - 1:28 PM
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 The Court of Appeal originally issued its decision as an unpublished decision in early February...
DHS Extends Eligibility for Employment Authorization to Certain Spouses of H-1B Workers
February 26, 2015 - 10:19 AM
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...
Department of Labor Issues Final Rule Regarding Definition of Spouse Under FMLA
February 23, 2015 - 10:50 AM
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...
Ninth Circuit Seeks California Supreme Court Guidance on California’s Day of Rest Law
February 23, 2015 - 10:17 AM
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...
Federal Overtime Exemption Changes Likely to Occur in Upcoming Weeks
February 17, 2015 - 9:55 AM
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...
Employer Agent Who Signs Section 2 the I-9 Form Must Review the Employee’s Original Documents
February 4, 2015 - 11:40 AM
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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