201605.28
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California District Court Tentatively Approves $5.7 Million Dollar Settlement for Improperly Disclosed Pre-Employment Credit Checks

Aceves, Jr., et al. v. AutoZone, Inc., Case No. 5:14-cv-02032, alleges violations of the federal Fair Credit Reporting Act (“FCRA”), the California Consumer Credit Reporting Agencies Act (“CCRAA”), and the California Investigative Consumer Reporting Agencies Act (“ICRAA”), all stemming from allegations that AutoZone improperly used credit checks during its hiring process. Specifically, the plaintiffs (a…

201605.20
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New FLSA Rule to Give Over Four Million Workers the Right to Overtime Pay

The Fair Labor Standards Act (“FLSA”) sets the minimum wage, overtime pay, recordkeeping, and other standards for employment across the nation. Though states may expand those rights and provide greater protections for their citizens, the FLSA sets the baseline standard that all employers (both public and private) must adhere to. On May 18, 2016, the…

California Supreme Court Rules Employers Cannot Force Their Employees to Stand All Day When Their Tasks and Workstations Reasonably Allow Them to Take a Seat
201604.11
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California Supreme Court Rules Employers Cannot Force Their Employees to Stand All Day When Their Tasks and Workstations Reasonably Allow Them to Take a Seat

The California Industrial Welfare Commission (“IWC”) regulates working conditions, working hours, and wages for specific industries via its published Wage Orders. One such regulation requires employers to provide employees “with suitable seats when the nature of the work reasonably permits the use of seats.” See IWC Wage Orders 1-13 and 15, Section 14(A), and IWC…

201603.29
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Jury Hits Employer with $3.3M For Condoning Racial Jokes and Slurs At Work

On March 17, 2016, two minority employees (a Sudanese Muslim and African-American) of a road marking company were awarded close to $3.4 million in damages against their former employer after finding the company refused to promote nonwhite workers and forced the minority employees to endure racial slurs and jokes.  Of the approximate $3.4 million in damages,…

201602.12
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Legal Woes of Valentine’s Day in the Workplace

On February 14, 2016, the day of romance is bestowed upon us. While the precise origins of Valentine’s Day, also known as Saint Valentine’s Day, remain murky, February 14 has become synonymous with romantic love.  The day is celebrated with the exchange of candy, flowers, gifts and cards between loved ones. While love is in…

Contract Attorneys May Be Entitled to Overtime Pay
201507.24
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Contract Attorneys May Be Entitled to Overtime Pay

On July 23, 2015, the Second Circuit found that the trial court erred by concluding that contract attorneys “engaging in document review per se constitutes practicing law,” and remanded the case for further proceedings on the issue.  Whether the attorneys were “practicing law” is important because if they were they would be exempt from certain…

Did Your Employer Conduct a Background Check?
201506.22
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Did Your Employer Conduct a Background Check?

Employers routinely conduct background checks on job applicants.  These background checks include contacting former employers to pulling credit reports and criminal records. However, in order to lawfully conduct a background check, employers are required to comply with strict statutory requirements, such as obtaining your written authorization prior to conducting the background check.  The law that…