On September 12, 2019, the California Supreme Court ruled that an aggrieved employee bringing a representative action under California’s Private Attorneys General Act (PAGA) cannot recover unpaid wages. In ZB N.A. v. Superior Court, the plaintiff, Kalethia Lawson, brought a lawsuit alleging a sole cause of action under PAGA. She based her PAGA claim
Employment Laws
Washington Employment Law Update
As of July 2019, the Washington Supreme Court has ruled that obesity is considered a disability protected under the Washington Law Against Discrimination (“WLAD”). The landmark ruling makes it illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese.
The matter concerned a plaintiff who…
Supreme Court Rules That Filing an EEOC Charge Is Only Procedural, Not Jurisdictional
On June 3, 2019, the Supreme Court ruled unanimously in Fort Bend County, Texas v. Davis, No. 18-525, that while employees seeking to bring claims under Title VII of the Civil Rights Act of 1964 (“Title VII”) have a mandatory obligation to file a charge with the Equal Employment Opportunity Commission (“EEOC”) before filing…
Are You Ready for Your Summer Interns?
The days are getting longer, the temperatures are rising, and kids everywhere are counting down the days until summer vacation begins. For many employers, the change in the season brings another big shift: the arrival of summer interns.
Internship programs are great for employers and interns alike – interns gain experience, training, and exposure to…
The Battle For A National Paid Leave Law Is On
For the first time in many years, there seems to be momentum in Washington D.C. for the adoption of a national paid sick leave policy. Currently, nine states and at least 10 localities have paid sick leave laws. Paid sick leave is common throughout Europe, in many South American countries, and even in China. The…
U.S. Department of Labor Releases Long-Awaited Overtime Rule
Last week, the United States Department of Labor (DOL) issued its long-awaited proposed change to the minimum salary threshold for the white-collar exemptions under the Fair Labor Standards Act. The new minimum salary threshold is $35,308/year (or $679/week).
This new rule is not finalized nor in effect now. Rather, the new rule is open for…
Tips for drafting enforceable arbitration agreements (Part 2)
Arbitration agreements with employees are a hot topic – and continue to make headlines. As we covered in Part 1 of this blog series, there are many practical and legal considerations involved in deciding whether your business should require employees to arbitrate employment-related disputes (as opposed to resolving them in court). But once you…
California Employers May Owe Reporting Time Pay To Employees Who Do Not Actually Report For Work
In a 2-1 ruling on February 4, 2019, the Second Appellate District of the California Court of Appeals expanded requirements for reporting time pay by ruling that a California employer would owe reporting time pay if it requires an employee to call in to confirm a scheduled on-call shift, even when the employee does not…
Important Immigration Updates (Not About the “Wall”)
Worksite Enforcement
When you think of immigration in the United States these days, the first thought that comes to your mind might be the continuing dispute over building a wall at the Southern border. That topic has certainly received the most attention, but for employers, the more relevant issue remains the increasing worksite immigration enforcement…
Saint Valentine in the Office: Managing Workplace Romances in the “Me Too” Era
Valentine’s Day is right around the corner, what better way to celebrate than to examine the pitfalls of office romances? The “Me Too” era is still in full swing, and it is subjecting employers to more scrutiny than ever. Have you considered how to best handle office romances between employees before Cupid’s arrow meets its…