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.
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...
Follow up About CA Supreme Court’s Dart Decision re Regular Rates of Pay
By D. Gregory Valenza | | March 7, 2018
A colleague wrote re my post about Alvarado v. Dart Container Corp. (Original post here). I know, I was surprised someone read it, too. Anyway, she identified a pretty glaring error in the analysis. Before you point and laugh, the error wasn't mine, but rather the...
California Supreme Court Clarifies “Regular Rate” Calculation for Some Bonuses
By D. Gregory Valenza | | March 6, 2018
The "regular rate" of pay is a wage-hour concept that employers must understand to calculate overtime properly. Failing to calculate correctly the regular rate can result in overpayment or underpayment of overtime pay. In the latter case, multitudes of penalties can...
Don’t Forget the DFEH’s Transgender Rights Poster
By D. Gregory Valenza | | March 1, 2018
Effective January 1, 2018, employers must add a new poster to their long list of required ones. The Department of Fair Employment and Housing has created a "Transgender Rights" poster for all employers of 5 or more employees. The poster, available here, contains...
California Labor Commissioner Publishes Form for Employers to Give Notice of Immigration Inspection
By D. Gregory Valenza | | February 19, 2018
Have you read about AB 450, California's new law limiting employers' cooperation with federal immigration enforcement? Well, you should. Our recent article about the law is here. The Division of Labor Standards Enforcement has issued some FAQs here. The law, among...
No Tax Deduction for Confidential Sexual Harassment Settlements?
By D. Gregory Valenza | | 12/21/2017
I'm sure you've heard about the new tax law, and you probably have an opinion. But did you know that the new law includes an employment law issue? The final Tax and Jobs Act included a little discussed provision that says this: I'm no tax lawyer. But one time I...
IRS Standard Mileage Rate for 2018
By D. Gregory Valenza | | 12/21/2017
The IRS issued a notice increasing the Standard Mileage Rate to $0.545, up from $0.535 in 2017. This is the rate at which many employers reimburse employees for personal use of their vehicles. The new rate takes effect on January 1, 2018. The IRS notice is here. ...
An Incomplete List of Important Employment Law News You Can Use for 2018
By D. Gregory Valenza | | 12/9/2017
Hello, everyone. It's been a while. Not much. How about you? OK, no more 70's lyrics. I've been off the blog for a while. But I am starting my New Year's resolution early. So, here goes with a few random updates. For a more comprehensive (much longer and complete)...
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