Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more
7/12/2024
/ College Athletes ,
Colleges ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
Over-Time ,
Student Athletes ,
Universities ,
Wage and Hour
California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts...more
The California Supreme Court ignored guidance from the U.S. Supreme Court Monday when it ruled that employees can still proceed with parts of their lawsuits against employers even if the PAGA portions of their claims are...more
Employers can enforce arbitration agreements in California to the extent they require an employee to arbitrate individual claims under the state’s Private Attorneys General Act (PAGA), according to an 8 to 1 SCOTUS ruling...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Viking River Cruises Inc v Moriana
After repeatedly denying requests to decide the same issue, the U.S. Supreme Court has finally agreed to review the rule prohibiting California Private Attorneys General Act (PAGA) waivers in individual arbitration...more
In a sweeping expansion of existing law, Governor Gavin Newsom signed legislation yesterday that broadly prohibits non-disclosure clauses in settlement agreements involving workplace harassment or discrimination on any...more
Imagine this: COVID-19 restrictions on indoor dining have lifted, you walk in to your favorite restaurant, and instead of seeing bussers patrolling tables, you see a three-foot tall robot scooting around the floor. No, you...more
A meat packing plant is under the knife after a former employee filed a class action lawsuit filed against it in a California federal court alleging the company encouraged its employees infected with COVID-19 to work,...more
10/15/2020
/ Attendance ,
Class Action ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Hospitality Industry ,
Infectious Diseases ,
Meat Processing Plants ,
Medical Leave ,
Sick Employees ,
Sick Leave ,
Workplace Safety
The restaurant industry has been severely impacted by state shutdown orders. As states start reopening businesses, it is vital to know the applicable rules that apply to your location or locations. Whether you operate a...more
7/1/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Food Service Workers ,
Health and Safety ,
Masks ,
Paid Leave ,
Re-Opening Guidelines ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws ,
Virus Testing ,
Workplace Safety
Following his announcement that the state could gradually begin reopening during the first stages of the plan, Governor Newsom issued updated guidance yesterday that includes allowing certain businesses, such as dine-in...more
5/13/2020
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Governor Newsom ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Virus Testing ,
Workplace Safety
Following his announcement that the state could begin gradually reopening, California Governor Gavin Newsom recently released the first stages of the plan. Notably, the California Department of Public Health and Cal/OSHA...more
The California Department of Industrial Relations Division of Occupational Safety & Health (DOSH), or Cal/OSHA, just issued guidance for employers on COVID-19 infection prevention for agricultural workers. While the U.S. Food...more
You may have heard of “Bring Your Child to Work Day,” but have you ever heard of “Bring Your Baby to Work Every Day”? Many of you likely just scoffed at the idea. Simply put, a baby cannot be an employee so therefore they...more
We live in a technological world—this is not news. We now communicate more through our electronic devices than we do in person—this is also not news. Yet, one interpersonal mechanism necessary for securing a job has remained...more
By a 9-0 vote, the U.S. Supreme Court ruled today that by and large, the courts should continue deferring to a federal agency’s reasonable interpretation of its own ambiguous regulations, leaving a good deal of power in the...more
6/26/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Denial of Benefits ,
Judicial Review ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Retroactive Application ,
SCOTUS ,
Veterans' Benefits