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The NRLB Delivers A Win For Gig Economy Employers By Making It Easier To Classify Workers As Independent Contractors Under The...

Seyfarth Synopsis: In another employer friendly decision, the NLRB explicitly overruled an Obama administration precedent in emphasizing the importance of entrepreneurial activity and returned to the traditional common law...more

The Battle Continues Over Purple Communications and the Use of Work Emails

Seyfarth Synopsis: In another signal that the Board may overturn the Obama Board’s decision in Purple Communications allowing employees to use their employer’s email systems to communicate about wages, hours, working...more

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

#Time’s Up? Not Yet, For Harassment Claims

Seyfarth Synopsis: The California Legislature has introduced a new bipartisan bill, AB 1870, that would give all employees—not just those claiming sexual harassment—three years to file DFEH complaints of unlawful...more

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

What’s Up With The DLSE? Latest Enforcement Actions

Seyfarth Synopsis: The DLSE enforces California labor laws. In two recent enforcement actions, the DLSE collectively recovered over one million dollars, so California employers should read on to find out more about this...more

Seyfarth Shaw Submits Comments And Testimony On The Proposed Amendments To Rule 23

Seyfarth Synopsis: Seyfarth Shaw submitted comments and oral testimony to the Federal Advisory Committee on Civil Rules regarding needed reform and guidance to Rule 23, the rule that governs class action litigation in federal...more

When You Gotta Go: Time To Check Your Restroom Signs

Seyfarth Synopsis: As of March, all single-occupancy restrooms in California businesses, government buildings, and places of public accommodation must be gender neutral. This post reviews the annoyingly specific requirements...more

Transparency in Terminology and Treating Transgender Employees Fairly

Seyfarth Synopsis: With increased attention placed on transgender rights in recent years, employers should pay close attention to transgender discrimination and related issues in the workplace. This post offers some tips for...more

Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress...more

The Fast, the Furious, the Fundamentals: Travel Pay in California

Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. Here are some guidelines to help ensure that employees get paid for all hours worked, including...more

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