Last November, Portland voters approved a referendum mandating “emergency pay” for workers on-site in the city. During state and city emergencies, employees are entitled to at least 1.5 times the minimum wage. Proponents...
Employment Law Letter
Title VII of the Civil Rights Act of 1964 is a federal statute that provides antidiscrimination protections for workers. The protections, however, apply only to "employees." Recently, the 4th Circuit (which covers North...
The debate over what makes a worker an employee versus an independent contractor has been raging for years—throughout presidential administrations of both political parties. Sometimes employers work under a strict...
Enterprise faces a class action lawsuit after several employees of the car rental agency alleged they were terminated without prior warning in violation of a federal law that specifically requires employers to give...
The question in the headline is one that eludes a common answer in courts in differing parts of the country. Here in Texas, the answer is “no,” but the times may be changing. Racial epithet scrawled in elevator Robert...
The U.S. Department of Labor (DOL) recently tackled the thorny and misunderstood issue of travel time. Specifically, it issued a new opinion letter addressing whether you must pay employees for travel time on days when...
Ever been bitten by a class action under the Fair Labor Standards Act (FLSA)? That’s what happens when lots of employees sue your company all at once for failing to pay minimum wages or overtime. It often occurs when...
A popular online bookmarking site that allows users to create virtual pinboards agreed to pay $20 million to settle a lawsuit from its former chief operating officer, who alleged gender discrimination and retaliation. As...
The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) recently issued an opinion letter declaring staffing firms may be considered a "retail or service establishment." Therefore, they pass the threshold...
The California Court of Appeal has become the first court in the country to allow a claim for microwave sickness after a teacher diagnosed with electromagnetic hypersensitivity was permitted to proceed with her...
In a recent case, a California Court of Appeal considered whether individuals who worked as signature gatherers had a right to proceed as a class on their claims that they were improperly classified as independent...
On March 4, 2021, the California Department of Fair Employment and Housing (DFEH) issued long-awaited guidance on COVID-19 vaccination and updated its virus FAQs, which were last revised on July 24, 2020. The guidance...
When the COVID-triggered exodus away from the office began a year ago, most workers expected their work from home (WFH) arrangements to be short-lived. But the pandemic wore on, leaving many pining for the good old days...
The details of Anthony Hernandez's seemingly private relationship with his girlfriend ultimately became grounds for the California Department of Correction and Rehabilitation to terminate his employment as a correctional...
Last year, in a seminal vested rights decision, the California Supreme Court expanded the permissible bases for modifying public employee pensions in two significant ways (Alameda County Deputy Sheriff's Assn v. ACERA)...