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.
California Supreme Court Expands Discovery Rights in PAGA Cases
By D. Gregory Valenza | | July 14, 2017
So, let's say an employee works at a single retail store. He decides to sue under the Private Attorneys General Act for a low-dollar alleged wage-hour violation. A company might fight such a claim because the risk of doing so is limited. But then the employee asks...
Reminders to San Francisco Employers…
By D. Gregory Valenza | | 6/30/2017
The San Francisco minimum wage goes up to $14.00 per hour on July 1. Go to a restaurant to celebrate. No, not that restaurant. It closed last month. No, not that one either. Might have to settle for a coffee. Anyone know where to find a place that sells coffee in...
California Supreme Court on California’s Day of Rest Law
By D. Gregory Valenza | | 5/8/2017
The California Supreme Court issued a long-awaited ruling on California's "Day of Rest" statutes, contained in the Labor Code at sections 551-558. The Court's ruling is important for employers with workforces that do not work traditional Monday-Friday schedules....
Court of Appeal: Employers Not Required to Allow Employees to Revoke Resignation
By D. Gregory Valenza | | 4/20/2017
When an employee resigns, the employer is not obligated to allow the employee to change her mind without evidence that the employer "coerced" the resignation or somehow tricked the employee or engaged in misconduct. That's an important ruling for employers, who...
CA Supreme Court Unanimously Holds: No Jury Trial under H&S Code section 1278.5
By D. Gregory Valenza | | 04/10/2017
I can't blog about this in detail, because, well, it's our case. #HumbleBrag Quickly though - the California Supreme Court just held, 7-0, that there is no jury trial available under Health and Safety Code section 1278.5. Naturally, we're pleased about this result....
9th Circuit Holds Bonus Formula Violates Overtime Calculation Rules
By D. Gregory Valenza | | 03/23/2017
The Ninth Circuit decided that a "bonus" formula that deducted from the bonus calculation overtime paid on the base wage was an end-run around the appropriate calculation of the regular rate of pay. Therefore, the bonus violated the federal Fair Labor Standards Act...
Shaw Valenza Blog Name and URL Address Change
By D. Gregory Valenza | | March 6, 2017
Programming note - Our firm's name changed to Shaw Law Group PC effective 1/1. Please check out our new website at shawlawgroup.com. For those of you who suffer through our blog, we changed our URL address to shawlawgroup.com/blog/. We THINK that the old mailing...
Healthcare Employers Lawfully May Rely on Wage Order 5’s Special Second Meal Period Waiver
By D. Gregory Valenza | | 3/5/2017
A couple of years ago, in 2015, the California Court of Appeal in Gerard v. Orange Coast Memorial Medical Center, threw the healthcare industry a vicious knuckleball. (Welcome back spring training!) The healthcare industry's wage order, Wage Order 5, Section 11(D)...
California Supreme Court Holds Public Employees’ Work-Related Texts and Emails on Private Devices are “Public Records”
By D. Gregory Valenza | | 3/2/2017
This is a case involving a public sector employer and the Public Records Act. It may someday be relevant to private sector employers and "bring your own device" policies, as well as private sector employees' privacy interests. Thus, the California Supreme Court noted,...
Big Rest Period News for California Inside Sales Employees Paid via Draw and Commission
By D. Gregory Valenza | | March 2, 2017
The courts are making the simple rest period obligation a nightmare for employers. A little background - At the end of the year, the California Supreme Court walloped employers with its Augustus v. ABM decision. Recall that case held that employees must be relieved...
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