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…

201601.04
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New California Employment Laws for 2016

Along with New Year resolutions, 2016 brings us a host of new laws affecting the employment arena. Here is a short summary of a few of these new laws: Minimum Wage Increase:  Effective January 1, 2016, the minimum wage in California is increasing to $10 per hour. Employment Discrimination: Effective January 1, 2016, AB 987…

201509.01
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Uber Drivers Win Class Certification

On September 1, 2015, Judge Chen of the U.S. District Court in the Northern District of California certified a class of California Uber drivers who claim they were misclassified as independent contractors and cheated out of tips. Judge Chen found that common issues of fact and law predominate with respect to the Uber drivers’ claims…

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…

201503.19
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Judge Defers to the Jury to Decide Status of Popular “Lyft” Drivers’ Status as Employees versus Independent Contractors

On March 11, 2015, a federal court was asked to decide, as a matter of law, whether Lyft drivers are “employees” or “independent contractors” under California law.  The matter is Cotter v. Lyft, Inc., 2015 U.S. Dist. LEXIS 30026, No. 13-cv-04065-VC (N.D. Cal. Mar. 11, 2015).   The “answer is of great consequence for the drivers,…

201412.17
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Overview of New 2015 Laws Affecting California Employees

The CalChamber Employment Law Counsel recently published a white paper, titled “An Overview of New 2015 Laws Affecting California Employers.” The white paper identifies some of the noteworthy new employment laws from the California Legislature.  The range of subject matters the new laws affect include: (1) Discrimination, Harassment and Retaliation Protections; (2) Leaves of Absence; (3) Wage…