Repealed: Emeryville’s Small, Independent Restaurant Minimum Wage Amendment
The saga of Emeryville’s minimum wage ordinance (MWO) amendment for small, independent restaurants has finally came to an end. On July 23, 2019, the Emeryville…
Free 2019 Midyear Employment Law White Paper
We are over halfway through 2019, and as always, you can count on the Golden State for interesting developments in employment law. Most of this…
Permissible Payroll Rounding Practices
The U.S. Department of Labor (DOL) recently issued an opinion letter addressing permissible rounding practices for calculating an employee’s hours worked. In the letter, a…
Ninth Circuit Decides to Not Go Back to the Future, Depublishes Vasquez Decision
The Dynamex saga is back for a sequel. In a brief yet temporary win for employers, the Ninth Circuit Court of Appeals depublished its Vasquez…
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…
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…
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.)…
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)…
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…
Receiving a Subpoena for Employment Records
I received a document in the mail the other day from a law firm requesting a wide variety of employment records related to one of…