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

Dec. 20, 2012 Amended Pregnancy Disability Leave Regulations Take Effect December 30

On December 30, 2012, new pregnancy disability leave (“PDL”) regulations take effect that clarify, amend and create new obligations for employers. Because employers with five or more employees must provide PDL, the regulations affect most Califor...

June 24, 2012 United States Supreme Court Holds that Pharmaceutical Sales Representatives Qualify for the FLSA’s “Outside Sales” Exemption

Last week, the United States Supreme Court issued its decision in Christopher v. SmithKline Beecham Corp., 567 U.S. ___ (2012), holding that prescription drug sales representatives qualify for the “outside sales” exemption under the federal Fair ...

April 17, 2012 Implementation of NLRB's Employee Rights Posting Indefinitely Postponed Pending Legal Challenges

In welcome news for employers, the D.C. Circuit Court of Appeals issued an emergency injunction yesterday prohibiting the National Labor Relations Board ("NLRB") from implementing the employee rights posting requirement scheduled to take effect A...

April 15, 2012 DLSE Issues Revised Notice Template and Additional FAQs for Wage Theft Prevention Act

The California Division of Labor Standards Enforcement (DLSE) has issued a revised notice template and additional Frequently Asked Questions (FAQs) to assist employers in complying with the Wage Theft Prevention Act's employee notice requirements....

April 11, 2012 California Supreme Court Decides Brinker, Holding That Employers Must Permit Meal Periods, But Need Not Prohibit Employees From Working

This morning the California Supreme Court issued its long-awaited opinion in Brinker Restaurant Corporation v. Superior Court (Hohnbaum), holding that an employer’s obligation with respect to meal periods is to relieve an employee of all duty, but...

March 5, 2012 California Court Strikes Down Arbitration Agreement For Failing to Provide Arbitration Rulesto Employee

With its recent decision in Mayers v. Volt Management Corp. (Cal. Ct. App., Feb. 27, 2012, G045036) 2012 WL 604390, another California Court of Appeal refused to enforce an arbitration agreement in the employment context.

Feb. 2, 2012 DLSE (Again) Revises Wage Theft Prevention Act FAQs

Last week the California Division of Labor Standards Enforcement (DLSE) again revised its Frequently Asked Questions (FAQs) regarding the Wage Theft Prevention Act’s employee notice requirements. The revised FAQs can be downloaded here.

Jan. 10, 2012 National Labor Relations Board Decision Challenges Legality of Class Action Waivers

Last week, the National Labor Relations Board (NLRB) ruled that an arbitration agreement signed as a condition of employment, which prohibited the filing of joint, class, or collective actions in arbitration or in court, violated the National Labo...

Dec. 29, 2011 DLSE Publishes Template for Employee Notices Required by the Wage Theft Prevention Act

On Wednesday the California Division of Labor Standards Enforcement (DLSE) published a template to assist employers in complying with the new Wage Theft Prevention Actâs employee notice requirements. This new law requires employers to furnish s...

Dec. 28, 2011 NLRB Further Delays the Effective Date of New Employee Rights Posting to April 30, 2012

The National Labor Relations Board (NLRB) has issued a press release further postponing the implementation of its new employee rights posting requirement from January 31, 2012 to April 30, 2012. The NLRB explained that the posting requirement is...

Oct. 19, 2011 A Wave of New Employment Legislation

At the close of this year's legislative session, California's lawmakers passed a flurry of new employment legislation. This is in stark contrast to the relative reprieve for employers of recent years. Paul, Plevin has highlighted six of the sess...

Oct. 5, 2011 NLRB Delays Effective Date of New Employee Rights Posting to January 31

The National Labor Relations Board (“NLRB”) issued a press release yesterday postponing the implementation date of its new employee rights posting from November 14, 2011 to January 31, 2012. According to the NLRB, the delay is intended to allow ...

Sept. 21, 2011 New Employee Rights Posting Requirement Takes Effect November 14

The National Labor Relations Board ("NLRB") recently adopted a final rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act, including, among other things, the right to form, join or as...

July 13, 2011 California Court Limits Impact of Recent U.S. Supreme Court Decision Regarding Class Action Waivers

In April of this year the United States Supreme Court decided AT&T Mobility LLC v. Concepcion et ux. (2011) 131 S.Ct. 1740, in which the Court held that California case law invalidating class action waivers in consumer arbitration agreements i...

July 4, 2011 California Supreme Court Applies Overtime Laws to Non-Resident Employees Temporarily Working in California

Last week the California Supreme Court issued an opinion holding that California’s overtime laws apply to employees of California-based employers who are based in Arizona and Colorado, but who perform work in California on a temporary basis. Sul...