SHOULD EMPLOYERS USE ARBITRATION AGREEMENTS?

The law is clear that employers and employees may agree to resolve employment-related disputes through an arbitrator, rather than in the courts.  The agreement details the process, such as which disputes are subject to arbitration, how to select the arbitrator, what...

CALIFORNIA’S NEW INDEPENDENT CONTRACTOR TEST

The California Supreme Court’s recent decision in Dynamex Operations West v. Lee is a game-changer for businesses that classify individuals as “independent contractors” rather than employees. Businesses must learn the new test for independent contractor status and...

WHO PAYS? JOINT EMPLOYER LIABILITY

The general rule is that only the employee’s “employer” is liable for wage and hour violations. However, the definition of “employer” is an evolving area of the law. California’s legislature, federal agencies, and courts have expanded traditional notions of the...

CALCULATING OVERTIME WITH FLAT SUM BONUSES

California labor laws generally discourage overtime work by requiring employers to pay a premium for hours worked in excess of eight hours in a workday or 40 hours in a workweek.  There are additional premiums for work on the seventh day in the workweek, or work...

FEHC PROPOSES NEW WORKPLACE REGULATIONS

The new year brought two significant employment laws that expand parental leave rights, but limit employers’ ability to consider applicants’ conviction history. California’s Fair Employment and Housing Council (FEHC) recently proposed regulations to interpret these...

PREPARING FOR WORKSITE INSPECTIONS

Federal and California agencies conduct workplace inspections for a growing variety of reasons.  For example, SB 306, effective January 1, 2018, expanded the California Department of Labor Standards Enforcement’s authority to investigate wage law violations, without a...
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