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Calculating Regular Rate of Pay for a Salaried Nonexempt Employee

A paragraph from a recent article in the Los Angeles Times about the “Revenge of the showbiz assistants” prompts a few words of caution. The article quotes a spokeswoman for WME (a talent agency) as saying that “each assistant automatically has 10 hours of overtime allotted into their paycheck each week.” While the details of Read More

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Uber, Lyft and Doordash Launch Attack on AB5

Image provided by www.quotecatalog.com Uber, Lyft and Doordash have launched a campaign to pass an initiative that would limit the impact of AB 5, a new California law that seeks to increase the number of workers entitled to protections for employees under California law. If passed by voters next year, the initiative would add new provisions Read More

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Watch Partner Calvin House Argue in the Ninth Circuit

We represent Los Angeles School Police Officer Daniel East in a lawsuit claiming that Officer East participated in the unlawful prosecution of a juvenile adjudicated a murder, whose conviction was overturned. Our appeal from the District Court’s refusal to grant summary judgment was heard by a 3-judge panel of the Ninth Circuit on October 15, Read More

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California Again Tries to Restrict Employment Arbitration Clauses

Governor Newsom has signed AB51 into law. The new statute purports to prohibit employers from requiring applicants or employees to waive their rights bring lawsuits to vindicate their labor and employment claims. It adds new Labor Code section 432.6, which, effective January 1, 2020, will provide: (a) A person shall not, as a condition of employment, Read More

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Ninth Circuit Rejects Attempt to Hold McDonald’s Liable as a Joint Employer

The Ninth Circuit has affirmed a summary judgment that dismissed claims against McDonald’s Corp. in a class action alleging various violations of the California Labor Code. The plaintiffs had claimed that McDonald’s was a joint employer with its franchisees. Salazar v. McDonald’s Corp., Case No. 17-15673 (Oct. 1, 2019), the Court rejected three theories that Read More

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New California Law Codifies ABC Test for Employment Relationship

Governor Newsom has signed AB 5, which was enacted to bring more California workers under the protection of laws that apply to employers. The bill adds section 2750.3 to the Labor Code, which will become effective on January 1, 2020. The bill’s findings state the Legislature’s intent to codify the California Supreme Court’s decision in Dynamex Read More

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Hairstyle Protection Added to FEHA

A California law that will become effective on January 1, 2020, provides protection for hairstyles and other traits that are associated with race. SB 188 does so by amending the definition of “race” in the Fair Employment and Housing Act to include “traits historically associated with race, including, but not limited to, hair texture and Read More

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Claim for Damages Required for 1102.5 Claim

The Second District Court of Appeal has ruled that plaintiffs who wish to pursue whistle blower claims against public entities under Labor Code section 1102.5 must first file claims for damages under Government Code section 911.2. Le Mere v. Los Angeles School District, Case No. B281843 (Apr. 30, 2019). Section 1102.5 authorizes a damages lawsuit Read More

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Application of Employment Laws to Religious Institutions

Not all employment laws are enforceable against religious institutions — some laws are made inapplicable by their terms, other have been held unenforceable on freedom of religion grounds. Anti-Discrimination Laws The two anti-discrimination laws that apply to California employers contain express exemptions for religious organizations. The federal law –Title VII of the Civil Rights Act Read More

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Home Rule Does Not Preempt California Minimum Wage Law

Article XI, section 5 of the California Constitution grants charter cities “plenary authority . . . to provide . . . the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or Read More

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