What’s New in Employment Law?
Welcome to Shaw Law Group, PC’s law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, ’cause it isn’t. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also – this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2020, 2019, 2018, 2017. All rights reserved.
Cal. Supreme Court to Decide How to Calculate Meal and Rest Period Penalty
Back in October 2019, the Court of Appeal decided that a meal or rest period penalty is calculated as one hour of pay, at the employee's base rate of pay (exclusive of the value of bonuses, commissions, etc.). Remember? Here's our original post about Ferra v. Loew's...
Federal Court Joins Superior Court and Enjoins AB 5 re Interstate Truckers
A federal district court issued a preliminary injunction against AB 5 based on federal law preemption. The court held the Federal Aviation Administration Authorization Act, which applies to about 70,000 interstate truckers, likely preempts AB 5's applicability to...
AB 51 Arbitration Update
AB 51 - California's latest anti-arbitration law- remains on hold. As we told you here, a district court temporarily blocked enforcement the new law, which would curb mandatory employment arbitration. The district court extended its temporary restraining order,...
CA Judge Holds Federal Law Preempts Part of AB 5 (Independent Contractor) Law…. (Updated)
....as applied to certain truckers covered by federal interstate trucking law. Here's an article in the LA Times. The Superior Court's ruling is here. The state will appeal to state appellate court in this case. There is also federal litigation on the same issue...
IRS (Finally) Announces Standard Mileage Rate for 2020
The IRS Standard Mileage rate for 2020 will be $0.575 per mile! That's down 0.005 from 2019. The IRS announcement is here. Employers typically use this rate to reimburse employees for the business use of their personal vehicles. In some states, it's not required...
Good News – Federal Court (Temporarily) Blocks California’s New Anti-Arbitration Law AB 51
AB 51 attempts to ban employers from requiring applicants or employees from entering into arbitration agreements as a "condition" of employment. I posted about the law here. Although the law tries a novel approach to banning arbitration, a federal district court...
Some Holiday Gifts For All Employers From…. the NLRB and the DOL
The NLRB and U.S. Department of Labor are delivering some holiday cheer this year. The DOL is revising not only the federal salary basis (scroll down to page 51306 of the PDF here), but also certain regulations governing the calculation of overtime for the non-exempt...
Incomplete Summary of New California Employment Laws for 2020
We've gone over AB 5, AB 51 and several other new laws in previous posts over the past few months. Go back and read the previous posts. You know you want to. Anyway, Governor Newsom signed many other new employment laws in the past few weeks, which will change...
California Tries to Ban Employment Arbitration (Again), Makes a Big Mess
The Governor of California is furiously signing hundreds of bills before the deadline. Many will require employers' attention. Fortunately, our Firm will do its annual legal update (live and via webinar) to help you make sense of it all. If you're not signed up, you...
California Court Decides How to Calculate Meal And Rest Period Penalties – Finally – Plus a Rounding Decision
If your job involves dealing with meal and rest periods and calculating overtime, well, I pity you. Then again, mine does too. Pity Party at Greggie's! Anyway, if this scintillating area of wage and hour law is part of your job, you know there are "regular rates,"...
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The information located on our site is general and not intended to provide specific employment law advice. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation.
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