California Labor & Employment Law Blog

Quickie Election Procedures and Timeline Takes Effect Today

April 14, 2015 - 4:50 PM

By: Mark S. Spring

This is just a quick reminder that effective today all NLRB elections will be conducted under the new election rules.  These rules call for substantially shorter election periods (from the time of the election petition until the actual voting), electronic notice provisions, union rights to employee email addresses and other contact information, and many...
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Ninth Circuit Decision Challenges Enforceability of “No Future Employment” Provisions in Employment Separation and Settlement Agreements

April 10, 2015 - 11:00 AM

By: Dan M. Forman

To resolve employment disputes, whether in litigation or at a separation, typically, the parties wish to go in separate directions and not cross paths in the future.  Consequently, separation or settlement agreements provide compensation and employees often agree not to seek future employment with their former employer and agree that should they unexpectedly come...
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New FLSA Overtime Exemption Regulations Still Under Consideration By Department of Labor

March 23, 2015 - 9:33 AM

By: Mark S. Spring

Earlier this week, Secretary of Labor Perez announced that her agency is still working hard on revising the regulations governing the existing white collar overtime exemptions.  These regulations were originally expected to be published in early 2015.  However, that did not happen.  Secretary Perez now expects that the regulations will be finalized and...
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Oakland Minimum Wage and Paid Sick Leave Law Effective This Week

March 6, 2015 - 7:46 AM

By: Robin E. Largent

In addition to having to comply with the new statewide paid sick leave law, California employers with employees in Oakland need to ensure that they are complying with a new Oakland minimum wage and paid sick leave measure that took effect March 2, 2015.  New Minimum Wage Requirement Effective March 2, 2015, employees working at least two hours...
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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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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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