California Labor & Employment Law Blog

Pending Bill Could Make Major Changes to Meal and Rest Break Flexibility

September 12, 2007 - 1:01 PM

Last week, California Assembly Member Lloyd Levine proposed broad changes to sections of the California Labor Code regulating, among other rules, the meal and rest break requirements imposed on the state's employers as part of AB 1711. The bill's most important provisions are summarized below. Meal Break Timing and On Duty Meal Periods The proposed legislation...
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California Supreme Court Limits Availability of Class Action Waivers

September 4, 2007 - 11:26 AM

On August 30, 2007 the California Supreme Court issued its decision in Gentry v. Superior Court of Los Angeles, in which it significantly reduced the availability of class-action waivers in arbitration agreements for overtime wage litigation. In Gentry, a former customer service manager of Circuit City filed a class action lawsuit against Circuit City, his employer, for...
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Disabled Employees Must Now Show Ability to Perform Essential Functions of the Job

August 28, 2007 - 3:51 PM

In a recent 4-3 decision, the California Supreme Court concluded that employees who allege disability discrimination based on California's Fair Employment and Housing Act ("FEHA") must prove that they can perform their essential job functions, with or without accommodation. With this ruling, the Court resolved a split in authority, and aligned FEHA requirements with those...
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Employers’ Profit Sharing Plans Declared Lawful Under California Labor Law

August 28, 2007 - 12:00 AM

Employers generally recognize that profit-sharing plans can be important tools for motivating employees and improving their morale. Such plans help focus employees on their employers' bottom line and foster a common goal among employers and their employees. In California, however, such plans were also possibly unlawful until the California Supreme Court issued its recent decision...
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Appellate Court Emphasizes Narrow Nature of Administrative Exemption

August 21, 2007 - 12:30 PM

By: Brent M. Giddens

On August 16, 2007, the California Court of Appeal issued Harris v. Superior Court, another in a series of California cases emphasizing the narrow scope of the administrative exemption under California law. In Harris, a class of insurance claims adjusters alleged that they were improperly classified as exempt from California's overtime compensation requirements.The defendant insurance companies...
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Hear Partner Mark S. Spring Discuss Solutions to the Meal and Rest Break Dilemma Facing California Employers

August 17, 2007 - 4:35 PM

Mark S. Spring, our firm's Managing Partner, was the featured guest expert for the most recent In the Know Podcast series.In this podcast, Mr. Spring discusses the issues related to the California meal and rest break compliance difficulties and the recent waive of class action lawsuits against California employers related to the meal and...
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New Federal Regulations Require Employers To Respond To Social Security Administration “No-Match Letters”

August 15, 2007 - 4:49 PM

For years, the Social Security Administration ("SSA") has been sending "No-Match Letters" to employers who had a significant number of employees whose social security numbers ("SSN") did not match their personal information. The SSA, however, provided unclear guidance for responding to the letters, and little consequence appeared to befall those employers who ignored them. Last...
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DLSE Holds Second of Two Public Hearings

August 14, 2007 - 11:09 AM

On August 9, 2007, the Division of Labor Standards Enforcement ("DLSE") held its second public hearing -- this one in Los Angeles -- to hear comments regarding meal and rest break laws and regulations in California (the first session of the DLSE's public forums was held in Sacramento on August 2, 2007; please see August 3rd blog entry). The...
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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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