The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more
California is oft thought of as a trailblazer in the arena of sexual harassment law. Because California’s Fair Employment and Housing Act mirrors Title VII, practitioners and employers in other states often look to California...more
In many states, the practice of paying nonexempt employees a “day rate,” “shift rate” or “job rate,” is gaining in popularity. A day rate occurs when a set amount of pay is guaranteed for a shift without regard to the hours...more
Last month the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a long-awaited report. That report is a four-part, 88-page document — meaning digesting the report is a hefty task. Fortunately, the...more
There is no shortage of claims brought by commissioned employees alleging the employer either did not pay, or underpaid a commission due the employee. More often than not, neither the employer nor the employee can figure out...more
There was a time, not so long ago, when federal courts refused to enforce arbitration agreements in Title VII cases, rendering arbitration agreements in the employment context virtually meaningless. Then, in 1991, Congress...more
Employers must keep track of hours worked by hourly, non-exempt employees. Any timekeeping method is permitted, as long as it is complete and accurate. The need to track hours might appear obvious at first, but in reality,...more
Earlier this year, we noted that that the Equal Employment Opportunity Commission (“EEOC”) issued somewhat controversial enforcement guidance regarding pregnancy discrimination. It has now become evident that this enforcement...more
Summer is fast approaching and along with the dog days of pool time, family vacations, and outdoor activities, comes summer break for students. For many companies, this means an influx of potential interns anxious to learn...more