WAL-MART DECISION RAISES THE BAR ON CLASS ACTIONS

by Jennifer Brown Shaw and Geoffrey M. Hash | The Daily Recorder | Jul 13, 2011

Before concluding the October 2010 Term, the United States Supreme Court issued a ruling in the largest employment law class action in U.S. History, Wal-Mart Stores, Inc. v. Dukes, et al.. The decision created a stir because it reversed the lower courts’...

SMOKING MAY CA– USE UNEMPLOYMENT

by D. Gregory Valenza | The Daily Journal | Jul 12, 2011

A reporter interviewed me on the radio a couple of weeks ago, about a health care employer’s decision to refuse to hire smokers for its Arizona facilities. The reporter was incredulous that an employer could decide not to hire an applicant based on conduct away...

MAKING SENSE OF “E-VERIFY”

by Jennifer Brown Shaw and Alexander M. Sperry | The Daily Recorder | Jun 28, 2011

California employers likely know their obligation to verify the employability of their newly hired workers through the federal I-9 process, to prevent the employment of undocumented workers. Under this process, employees present documentation establishing eligibility...

AMENDMENTS TO THE FAIR LABOR STANDARDS ACT

by Jennifer Brown Shaw and Amy K. Lee | The Daily Recorder | Jun 17, 2011

Some California employers may have noticed that the federal Department of Labor (“DOL”) recently issued new regulations applicable to the Fair Labor Standards Act (“FLSA”). The DOL’s stated purpose is to provide clarification on certain...

COMMISSION ACCOMPLISHED

by D. Gregory Valenza | The Daily Journal | Jun 15, 2011

The definition of “commission” can mean the difference between an employee who is entitled to overtime pay and one who is exempt from overtime and other wage-hour laws. Both federal and California law exempt retail salespersons who earn at least 50% of...

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