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 © 2017. All rights reserved.
Upcoming CA Local Ordinance Changes – Info Courtesy of CA Chamber of Commerce
By D. Gregory Valenza | | June 11, 2018
The California Chamber of Commerce provides this handy guide to upcoming local ordinance changes. They include local minimum wage changes and more. Many changes go into effect 7/1/18. So, don't get caught unaware. The article is...
Court of Appeal: OK to Mail Final Wage Statement and More
By D. Gregory Valenza | | May 31, 2018
The Court of Appeal made three significant rulings (mainly) concerning California's Labor Code section 226, a law that imposes specific requirements for "wage statements" that accompany each pay check. First, the Court held that when an employer pays "retro overtime"...
Court of Appeal: Employee Can Sue for PAGA Penalties for Violations that Don’t Affect the Employee
By D. Gregory Valenza | | May 29, 2018
Employers, lawyers, clients, friends, and random Googlers: do you understand how dangerous PAGA claims can be? The California Court of Appeal just provided a clinic on the subject. So, let's review the Court's decision in Huff v. Securitas Security Servs. USA, Inc....
Court of Appeal Reaffirms Low Bar for Employees’ Recovery of Labor Code’s “Waiting Time” Penalties
By D. Gregory Valenza | | May 28, 2018
A restaurant company operating within the L.A. Airport Westin hotel did not comply with Los Angeles County's special, amended "living wage" ordinance that applies to certain hotel employees. The original ordinance tied annual wage increases to a consumer price index....
U.S. Supreme Court Upholds Class Action Waivers Against NLRA Challenges
By D. Gregory Valenza | | May 21, 2018
The U.S. Supreme Court decided today: employers may require employees to arbitrate claims only on the employee's own (individual) behalf - I.e., no class actions. This opinion in Epic Systems Corp. v. Lewis, settles a recent dispute about whether the National Labor...
California Supreme Court Adopts “ABC” Test for Independent Contractor Status in Wage-Hour Cases
By D. Gregory Valenza | | May 1, 2018
Happy May Day, comrades. Yesterday, the California Supreme Court unanimously adopted the "ABC" test for independent contractor status in wage-hour law cases. That test has been around a while, but it's new to California jurisprudence. The headline is that it will be...
California Supreme Court Punts on Whether Regular Rate is Calculated Per Pay Period or Workweek
By D. Gregory Valenza | | April 27, 2018
As discussed here, and here, the California Supreme Court held in Alvarado v. Dart Container Corp. of Cal. (original opinion here) that a flat-sum bonus for attendance on certain days is included in the regular rate of pay, and that regular rate is calculated by...
Ninth Circuit Eliminates Salary History as Defense Under Federal Equal Pay Act
By D. Gregory Valenza | | April 11, 2018
Circuit Judge Stephen Reinhardt recently passed away after a long career on the 9th Circuit. (President Carter appointed him). He left a significant legacy of decisions that shaped the law. He took a special interest in influencing employment law. And by...
U.S. Supreme Court: Auto Service Advisors Qualify as Sales Under FLSA…And More
By D. Gregory Valenza | | April 2, 2018
I know most of you reading this aren't in the auto sales and service business. This also is a Fair Labor Standards Act case. So, employers subject to California law may not benefit from the Court's decision. But the Court's 5-4 opinion in Encino Motorcars, LLC v....
Court of Appeal Rejects California Legislature’s Exemption of Ralph/Bane Act Claims from Arbitration
By D. Gregory Valenza | | March 16, 2018
Some time ago, I was handling a lawsuit in which the plaintiff alleged sexual harassment and other misconduct under California's Ralph and Bane Acts. These laws, contained in the Civil Code, are not "employment laws" per se. They overlap the California Fair...
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