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California

Two California nursing homes cited for wage violations

12/24/2014
The U.S. Department of Labor’s Wage and Hour Division has found two California nursing homes failed to pay their employees the federal minimum wage.

Recently enacted California law prohibits civil rights waivers

12/24/2014
It is now illegal in the state to require employees to sign agreements waiving their rights under the Ralph Civil Rights Act (Civil Code 51.7) and the Tom Bane Civil Rights Act (Civil Code 52.1). Those civil rights laws prohibit hate violence and threats against citizens based on certain protected classes, such as political affiliation, sex, race, color, religion, ancestry, national origin, disability or medical condition, or on account of position in a labor dispute.

Arbitration agreement won’t prevent court case for penalties

12/24/2014
While arbitration agreements have their place, they won’t prevent all lawsuits in state court. For example, under California labor laws, employees can bring a lawsuit seeking to collect statutory penalties for Labor Code violations.

Employee must provide pay specifics in FLSA case

12/24/2014
A worker who files a Fair Labor Stand­­ards Act lawsuit claiming unpaid wages must actually set out facts showing that he wasn’t properly paid. Mere allegations aren’t enough.

Schools, get out your calendars: Teachers have up to three years to sue

12/24/2014
A public school teacher who files an internal appeal over her pay or classification has three years after the final decision to file a lawsuit.

Converting employees into contractors? Prepare for expensive, protracted litigation

12/24/2014
Here’s a warning for employers thinking about turning employees into independent contractors to avoid paying benefits and payroll taxes: If some of the employees challenge the decision, you may be in for years of expensive, time-consuming litigation. That can easily turn a penny-pinching strategy into a money pit.

Arbitration agreement isn’t specific? Court–not arbitrator–decides on class-actions

12/24/2014
In a series of decisions in the past two months, California appellate courts have tried to clarify the ins and outs of arbitration, giving em­­ployers possible guidance on whether to institute, revise or eliminate arbitration agreements as part of their employment practices.

New laws raise damages for minimum wage violations

12/24/2014
Two recently enacted bills will affect how employers pay their employees.

Court: Bias must be ‘substantial factor’ in firing

12/24/2014
A state appeals court has just reversed part of a jury award based on a new California Supreme Court requirement that employees prove that discrimination was “a substantial motivating factor” for the firing rather than merely a motivating factor. However, no such rule applies to har­­ass­­ment claims.

Arbitration agreement leads to … arbitration!

12/24/2014
Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.