Insights

April 30, 2012 by Jeffrey S. Sloan

The Prevailing Party on a Labor Code §226.7 Claim for Unpaid Meal and/or Rest Breaks Does Not Get Attorneys’ Fees

The California Supreme Court held that attorneys’ fees are not awardable to the winners in cases involving meal and rest period claims under Labor Code §226.7. In Kirby v. Imoos Fire Protection, Inc., the Court held that a Labor Code §226.7 claim is not a claim for which... READ MORE

April 22, 2012 by Jeffrey S. Sloan

EEOC Says Transgender Applicants and Employees Protected Under Title VII

On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) ruled in Macy v. Holder that transgendered applicants and employees are protected from employment discrimination by Title VII of the Civil Rights Act of 1964. This landmark decision marks the first time that a federal court or agency... READ MORE

April 12, 2012 by Jeffrey S. Sloan

California Supreme Court Issues Long-Awaited Brinker Decision Clarifying Employers’ Meal and Rest Break Obligations

On April 12, 2012, a unanimous California Supreme Court ruled in Brinker Restaurant Corp. v. Superior Court that employers are not required to police their employees and ensure that employees actually take their 30-minute meal breaks. The Court also ruled that employers are not required to provide 10-minute... READ MORE

April 12, 2012 by Jeffrey S. Sloan

Labor Commissioner Posts Wage Theft Prevention Template and FAQ’s

As discussed in a prior post on this blog, the California Wage Theft Prevention Act of 2011 (AB 469) took effect on January 1, 2012. This new law requires California employers to provide all newly hired non-exempt California employees with a written notice at the time of hire that... READ MORE

November 1, 2011 by Jeffrey S. Sloan

U.S. Supreme Court Reverses and Remands California Supreme Court Decision in Sonic Calabasas v. Moreno

As a result of its decision in AT&T Mobility (which I blogged about here), on October 31, 2011 the U.S. Supreme Court reversed and remanded the California Supreme Court’s ruling in Sonic Calabasas v. Moreno (which I blogged about here). Now, as a result, the Sonic Calabasas decision is no longer... READ MORE

October 10, 2011 by Jeffrey S. Sloan

Governor Brown Signs AB 22 Restricting Employers’ Use of Credit Reports

On October 10, 2011, Governor Brown signed Assembly Bill 22 (“AB 22”) which limits the ability of California employers to rely on an applicant’s or employee’s credit report or other credit history when making employment decisions. This represents a major change in California employment law. What is A.B.... READ MORE

October 9, 2011 by Jeffrey S. Sloan

Governor Brown Signs AB 469, Known as the “Wage Theft Prevention Law,” Requiring Private Employers to Provide Written Notice to New Hires

On October 9, 2011, Governor Brown signed Assembly Bill 469 (“AB 469”) which will require private employers in California to provide written notice to most new hires of critical employment information, including the employer’s legal name, physical address, payroll dates, and workers’ compensation carrier, as well the wage... READ MORE

October 6, 2011 by Jeffrey S. Sloan

Governor Brown Signs SB 299 Requiring Employers to Continue Health Benefits for Employees on Pregnancy Disability Leave

On October 6, 2011, Governor Brown signed Senate Bill 299 (“SB 299”) which will require all California employers with more than 5 employees to continue group health insurance coverage for up to 4 months for employees on pregnancy disability leave (“PDL”). This represents a major change in California... READ MORE

August 18, 2011 by Jeffrey S. Sloan

NLRB Clarifies its Position on Employers’ Social Media Policies

On August 18, 2011, in response to a growing number of disputes between employers and employees concerning employees’ use of Facebook, Twitter, YouTube, and other social media, the NLRB clarified its rules for determining (1) when employees are engaging in protected activity, and (2) when employers are using... READ MORE

August 18, 2011 by Jeffrey S. Sloan

Court Sets Brinker Oral Argument for November 8, 2011

On October 4, 2011, the California Supreme Court announced that it would hear oral argument in the long-awaited and much-anticipated meal and rest break case, Brinker Restaurant Corp. v. Superior Court [i] on November 8, 2011. The Issue in Brinker The fundamental question before the California Supreme Court in... READ MORE

May 2, 2011 by Jeffrey S. Sloan

Court Clarifies “Reporting Time” Pay Requirements for Employee Meetings

According to a new decision by the California Court of Appeal, restaurants and other employers who call mandatory employee meetings and require off-duty employees to attend are required to pay off-duty employees only 2 hours of reporting time pay. Background California employers are required to pay “reporting time”... READ MORE

April 28, 2011 by Jeffrey S. Sloan

U.S. Supreme Court Issues Landmark Pro-Business Arbitration Ruling

Yesterday, the U.S. Supreme Court ruled in a 5-4 decision in AT&T Mobility LLC. v. Concepcion that the Federal Arbitration Act (“FAA”) preempts state laws that condition the enforceability of an entire class of arbitration agreements on whether or not they allow for classwide arbitration. The issue in the... READ MORE

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