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Ninth Circuit Rejects Nike’s De Minimis Argument for Security Screenings

Even if an off-the-clock task, such as an exit inspection, is less than a minute, the de minimis principle likely does not apply under California law, according to the Ninth Circuit. The Ninth Circuit recently revived a class action for unpaid wages under California law against Nike. In Rodriguez v. Nike Retail Servs., Inc., No. […]

Jul 22 2019 - Compensation - James W. Ward Read More »

Calculating Nondiscretionary Bonuses in Regular Rate of Pay

The U.S. Department of Labor (DOL) recently issued an opinion letter addressing the calculation of quarterly and annual nondiscretionary bonuses as part of the regular rate of pay. Specifically, whether an employer, under the terms of a collective bargaining agreement, may recalculate the regular rate of pay for each workweek of the bonus period by […]

Jul 19 2019 - Compensation - Bianca Saad Read More »

EEOC Pay Data Collection Portal Opens

On July 15, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) opened its web-based portal to collect Component 2 data (also known as pay data.) As previously reported, recent litigation reinstated a revised EEO-1 report requiring the reporting of that data. Employers can access the portal at the Component 2 EEO-1 Online Filing System. Employers […]

Jul 18 2019 - Reporting Requirements - Matthew J. Roberts, Esq. Read More »

California Prohibits Discrimination Based on Hairstyle

On July 3, Governor Gavin Newsom made California the first state to ban racial discrimination based on hairstyle. The Fair Employment and Housing Act (FEHA) makes it unlawful to discriminate on the basis of specified characteristics, including race. SB 188 expands the state’s anti-discrimination laws to prohibit discrimination against employees and students based on their […]

Jul 16 2019 - Workplace Policies - James W. Ward Read More »

General Contractor Held Responsible for Subcontractor Wage Theft Violations

The Labor Commissioner’s Office issued citations totaling almost $600,000 in unpaid wages and penalties to a Southern California-based construction company. Additionally, the general contractor who subcontracted with that company for a project was held jointly and severally responsible for $68,657 of those citations, pursuant to a law that was passed last year that holds general […]

Jul 15 2019 - Compensation - Vannessa Maravilla Read More »