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

Paul, Plevin's E-Update provides comprehensive legal analysis of the latest developments in labor and employment law.

May 21, 2018 U.S. Supreme Court OKs Class Action Waivers in Mandatory Employment Arbitration Agreements

Earlier today, the United States Supreme Court held that class action waivers in mandatory employment arbitration agreements are valid and enforceable, rejecting arguments that such waivers violate the National Labor Relations Act (NLRA). The dec...

May 1, 2018 California Supreme Court Tightens Up Test to Determine Whether Workers are Independent Contractors

In a major decision with wide-ranging implications, the California Supreme Court handed down a decision on April 30, 2018, substantially restricting the ability of California businesses to lawfully use independent contractors in their core busines...

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...

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