Employers in California often present new employees with an arbitration agreement, usually at onboarding. Employers often — or at least they should — take great care when drafting arbitration agreements to ensure they comply...more
Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more
4/22/2025
/ Appeals ,
California ,
Contract Terms ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
Popular ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Waivers
On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more
2/18/2025
/ EEO ,
Employee Rights ,
Employees ,
Employment Policies ,
Enforcement Actions ,
Labor Regulations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Regulatory Reform ,
Section 7 ,
Unfair Labor Practices ,
Unions
Earlier this month, the National Labor Relations Board (the NLRB or the Board) released its highly anticipated decision in Stericycle Inc. The decision establishes a new, employee-friendly standard by which the Board will...more
Summary -
An employer must accommodate an employee’s religious beliefs unless it can show that doing so would “result in substantial increased costs in relation to the conduct of its particular business.” ...more
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more
On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from...more
9/12/2022
/ Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Section 7 ,
Tesla ,
Uniforms ,
Union Insignia ,
Unions ,
Wal-Mart
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) -
Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more
12/14/2020
/ ABC Test ,
Arbitration ,
Arbitration Agreements ,
Business & Professions Code ,
Confidential Information ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Policies ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Non-Compete Agreements ,
Preemption ,
Sexual Harassment ,
State Labor Laws ,
Unfair Competition Law (UCL) ,
Wage and Hour
Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) -
Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period.
An...more
9/22/2020
/ Amended Rules ,
Appeals ,
Class Action ,
Class Certification ,
Commonality ,
Employee Handbooks ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
FRCP 23 ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
Res Judicata ,
Reversal ,
Standing
In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more
10/19/2018
/ Affirmative Defenses ,
CA Supreme Court ,
Collective Bargaining ,
Commuting ,
Corporate Counsel ,
De Minimis Claims ,
De Minimus Doctrine ,
Email ,
Employer Liability Issues ,
Employment Policies ,
Off-The-Clock ,
Preemption ,
Rest and Meal Break ,
Rounding ,
Starbucks ,
State Labor Laws ,
Text Messages ,
Timekeeping ,
Unions ,
Unpaid Wages ,
Wage and Hour