Newsletters

05.31.19

The Gig Economy: Uber Drives Home Victory With NLRB

In a new Advice Memorandum, the general counsel of the National Labor Relations Board (NLRB) declared that Uber drivers are independent contractors and not employees.


05.31.19

Supreme Court to Address Sexual Orientation Discrimination

The U.S. Supreme Court has agreed to consider a trio of cases addressing sexual orientation discrimination next term, answering two contested questions that have split the courts.


04.24.19

First Circuit: Age May Be Just a Number

Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit has ruled.


03.27.19

DOL Steers Middle Course With White Collar Exemption Proposal

After several years and much uncertainty, the Department of Labor (DOL) published a new proposed rule that would raise the annual minimum salary requirement for the Fair Labor Standards Act (FLSA) “white collar” overtime exemption to $35,308, or $679 per week.


02.27.19

Calling California Employers: On-Call Shifts May Trigger Reporting Time Pay

An employer’s on-call scheduling practice triggered the reporting time pay requirements of California’s Wage Order 7, an appellate court in the state recently held, reversing dismissal of the suit.


01.08.19

Impact of Dynamex Continues to Grow

We continue to see the impact of the California Supreme Court’s Dynamex Operations West, Inc. v. Superior Court of Los Angeles decision about what is the legal standard to determine whether workers should be classified as employees or independent contractors.


12.05.18

California Appellate Panel: No Fees, Costs for Nonfrivolous FEHA Cases

An award to a prevailing party for fees and costs after the losing party rejected a Section 998 pretrial settlement offer does not apply to nonfrivolous cases filed under the Fair Employment and Housing Act (FEHA), a California appellate panel has ruled.


11.14.18

California Employers Face Busy 2019 With Host of New Laws

With the dozens of new laws enacted by the California legislature and signed into law by outgoing governor Jerry Brown, employers in the Golden State will have little time to rest over the holidays as they prepare for new requirements.


11.01.18

DFEH Documents Increased Complaints in 2017 Litigation Report

What has the Department of Fair Employment and Housing (DFEH) been up to?


10.17.18

Drivers’ Class Action Against Uber Crashes Into Arbitration

Uber drivers seeking to be classified (and compensated) as employees and not independent contractors were dealt a blow by the U.S. Court of Appeals, Ninth Circuit when the federal appellate panel reversed class certification and ordered the drivers to arbitration.