E-Update | Paul, Plevin, Sullivan & Connaughton LLP

April 10, 2018 The Ninth Circuit Rules That Employers Cannot Rely On Prior Pay To Justify A Pay Differential Between Men And Women

On Monday, the Ninth Circuit issued an en banc opinion in Rizo v. Yovino, holding that an employer may not rely on prior pay as a defense to a gender pay equity claim under the federal Equal Pay Act (“EPA”). This is a significant decision as it r...

March 7, 2018 California Supreme Court Clarifies Required Method for Calculating Overtime on Non-Discretionary Flat-rate Bonuses

Earlier this week, the California Supreme Court issued an opinion in Alvarado v. Dart Container Corporation of California, holding that when an employee has earned a flat sum bonus during a single pay period, the employer must calculate the employ...

Feb. 13, 2018 Grubhub Successfully Obtains First-Ever Trial Judgment Classifying “Gig Economy” Delivery Drivers as Independent Contractors

Last week, a federal judge in San Francisco issued a judgment in Lawson v. Grubhub, finding that Grubhub, a food delivery company, did not misclassify its delivery drivers as independent contractors rather than as employees. This decision is nota...

Dec. 15, 2017 NLRB’s New Republican Majority Overrules Two Important Labor-Friendly Decisions

Yesterday, the new Republican majority on the National Labor Relations Board (“NLRB” or “Board”) issued two important decisions overruling labor-friendly decisions under the National Labor Relations Act (“NLRA”). In one, the NLRB overruled the la...

Dec. 12, 2017 New DLSE Guidance Says Employers May Not Require Employees to Remain On-Site During Rest Breaks

California’s Division of Labor Standards Enforcement (DLSE) recently updated its guidance on paid 10-minute rest breaks. In its new guidance the DLSE maintains, for the first time, that an employer may not require its employees to remain on the e...

Oct. 16, 2017 California Governor signs new employment legislation affecting employers

California Governor Jerry Brown Signs Laws Banning Employers From Inquiring About an Applicant’s Salary History and Pre-Offer Inquiries into Criminal History, and Other New Employment Laws

Aug. 2, 2017 Local Governments are Increasingly Using Contractual Leverage to Encourage Pay Equity Compliance

The San Diego City Council unanimously approved an “Equal Pay Ordinance” on Monday, July 31, 2017. The Ordinance seeks to complement and ensure compliance with non-discrimination laws and the California Equal Pay Act, as recently amended by the Fa...

July 14, 2017 California Supreme Court Allows Plaintiffs to Seek Statewide Discovery in PAGA Actions

Yesterday, the California Supreme Court issued its opinion in Williams v. Superior Court, clarifying the scope of discovery available to plaintiffs in Private Attorneys General Act (“PAGA”) actions. PAGA allows plaintiffs bringing wage and hour c...

May 9, 2017 California Department of Fair Employment and Housing Issues New Harassment Guide for Employers

Last week, the DFEH issued a new guide, revised brochure, and printable information sheet (referred to as a “poster”) to assist California employers in developing and enforcing effective anti-harassment programs. The documents are all available o...

May 8, 2017 California Supreme Court Clarifies “One Day’s Rest In Seven” Rule, Handing Employers a Victory

The California Supreme Court earlier today provided guidance regarding California’s statutory prohibition on “caus[ing] . . . employees to work more than six days in seven.” In its decision in Mendoza v. Nordstrom, Inc. the Court primarily addres...

April 11, 2017 California Issues New Regulations for Employers on Consideration of Criminal Background in Employment Decisions

The state of California recently announced new regulations for employers who consider an employee or applicant’s criminal background. The new regulations go into effect July 1, 2017.

March 9, 2017 California Court Rules Commissioned Employees Must Be Paid Separately for Rest Breaks

Last week the California Court of Appeal issued a decision holding that employers must separately compensate commissioned (“inside sales”) employees for legally required rest breaks.

Dec. 27, 2016 California Supreme Court: Employees Cannot Be Required to Remain On-Call During Rest Breaks

Last week the California Supreme Court issued a decision holding that employers cannot require employees to remain “on-call” during legally required rest breaks. The ruling reversed a January 2015 appellate court decision.

Nov. 22, 2016 Federal Court Blocks Implementation of New Federal Overtime Rule

Today, a federal district judge in Texas issued an order blocking implementation of the new rule governing the exemptions for executive, administrative and professional employees under the federal Fair Labor Standards Act (FLSA). The rule would h...

Oct. 28, 2016 New Antitrust Guidance for HR Professionals

The Department of Justice and the Federal Trade Commission have joined forces to further target antitrust activity among employers. The “Antitrust Guidance for Human Resources Professionals”, issued on October 20, 2016, describes an aggressive ne...

Oct. 4, 2016 California Governor Jerry Brown Signs New Employment Laws

September 30 was the deadline for California Governor Jerry Brown to sign or veto any bills passed by the legislature this session. Here is a brief overview of the employment laws affecting California employers. Unless otherwise noted, the new la...

July 25, 2016 Posters and Notices Now Available for San Diego’s Earned Sick Leave and Minimum Wage Ordinance

The City of San Diego has published the required posters and employee notices for the Earned Sick Leave and Minimum Wage Ordinance, which took effect on July 11, 2016. Employees are covered by the ordinance if, in one or more calendar weeks of th...

July 13, 2016 San Diego’s Earned Sick Leave and Minimum Wage Ordinance is Now In Effect

On July 11, the San Diego City Council voted to adopt the June election results, rendering the Earned Sick Leave and Minimum Wage Ordinance effective immediately. As we previously reported, the ordinance sets the minimum wage for employees workin...

June 10, 2016 San Diego’s Earned Sick Leave and Minimum Wage Ordinance Creates Compliance Challenges

San Diegans voted this week to approve Proposition I, San Diego’s Earned Sick Leave and Minimum Wage Ordinance. Although the minimum wage portion of the ordinance is straightforward, compliance with the paid sick leave requirements is not. We ar...

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