By Calvin House | Published December 30, 2017 | Posted in Uncategorized |
Search Site
Category Archive
Uncategorized
Joint Employment Revisited
A new California statute that imposes liability on general contractors for unpaid wages of their sub-contractors employees prompts us to revisit the principles of joint employment. For previous posts on the topic, click here. The new statute, AB 1701, provides that, for contracts entered into after January 1, 2018, a “direct” contractor (as defined in Civil Code section 8018) Read More
Read MoreCalifornia Ban the Box Law
The nationwide campaign to “ban the box” has borne fruit in California. AB 1008, which will become effective January 1, 2018, makes it an unlawful employment practice for an employer with 5 or more employees to include on an employment application any question that seeks the disclosure of an applicant’s conviction history, to inquire into or Read More
Read MoreOn Call
Is an employee who is sitting around waiting to be called into work, “working”? A recent decision by a Los Angeles Superior Court judge prompts us to examine the applicable principles. In a scenario that has been common in retail and food service establishments, an employer tells its employees that fluctuating demands make it necessary Read More
Read MoreNew NLRB General Counsel Signals Enforcement Changes
The United States Senate confirmed Peter Robb as the new General Counsel to the National Labor Relations Board on November 8, 2017. On December 1, 2017, Mr. Robb issued a memorandum to the NLRB regional offices that required those contemplating enforcement actions to seek advice before proceeding. The categories for which advice must be sought are (1) cases over Read More
Read MoreCalifornia Supreme Court Rejects Unconscionability Attack on Arbitration Agreement
In the latest of a series of decisions dealing with the enforceability of arbitration agreements, the California Supreme Court has rejected an attempt to invalidate an agreement based on its provision for applications to a court for preliminary injunctive relief while the arbitration is pending. The provision simply reiterated a right that is conferred by Read More
Read MoreTipping and the Wage and Hour Rules
Both federal law and California law impose rules on employers about how to treat tips that their employees receive. It is important for employers in California to understand both sets of rules. Federal Fair Labor Standards Act The FLSA addresses tips in 29 U.S.C. section 203(m), which provides that an employer may add “an additional amount Read More
Read MoreDOL Gives Continued Attention To Joint Employment
In recent years, the U.S. Department of Labor has paid particular attention to misclassification of employees as independent contractors. It has worked with other federal and state agencies to help misclassified employees get the wages, benefits, and protections to which they are entitled. On January 20, 2016, the Administrator of the Department’s Wage and Hour Division issued Read More
Read MoreCalifornia’s New Equal Pay Act
Although there has been a California equal pay act since 1949, and a federal one since 1963, and although both California and federal law have barred discrimination in employment based on gender for over 50 years, recent attention to the continuing wage gap between men and women and the publicity brought to the subject by Patricia Arquette’s acceptance speech at the 2015 Academy Awards has led to Read More
Read MoreAirlines Targeted For Unpaid Work Before Takeoff
Virgin America and Jet Blue are defendants in separate lawsuits alleging that they do not pay their flight attendants for all the hours that they work. According to the complaints, the airlines, require the flight attendants to put in time on the ground getting ready for their flights, but do not start paying them until Read More
Read MorePersonality Testing
Time Magazine has a cover story this week entitled “How High Is Your XQ?” which describes the current interest among employers in the use of personality tests to make hiring, promotion and termination decisions. The answers to test questions are supposed to reveal personalty traits that are correlated with success on the job. You may hear Read More
Read More