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New California regulations impact employment practices such as English-only policies, height and weight requirements, and documents applicants or employees may be required to provide for employment. California’s Fair Employment and Housing Council’s new regulations focused on preventing national origin discrimination go into effect July 1, 2018. Employers should carefully review the new regulations to ensure
Cheesecake Factory restaurants in Southern California were cited for $4.57 million for wage and hour violations and penalties by the Labor Commissioner earlier this week. What may come as a surprise to many is that the citation was based on alleged wage violations for employees of contractors hired by Cheesecake Factory, not its own employees.
This Friday’s Five provides a few reminders about documenting employee performance. While good documentation is hard to gather at the time, it is critical in communicating clear objections to employees for better performance. Also, should a dispute arise that results in litigation, how well the employee’s performance was documented can be the different in winning
Plaintiff Jacob Davis brought a putative class action against International Coffee and Tea, LLC (the company that operates Coffee Bean and Tea Leaf) alleging that the company’s tip pooling policy violated California’s Labor Code section 351. The trial court sustained Coffee Bean’s demurrer to plaintiff’s second amended complaint without leave to amend. Plaintiff appealed the
With the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis this week, I thought it would be a good time to review the pros and cons of arbitration agreements in the workplace. This this Friday’s Five is a video in which I cover five things you want to know about arbitration agreements, but
The U.S. Supreme Court ruled today in Epic Systems Corp. v. Lewis, that employment arbitration agreements that bar class actions are enforceable. The vote was 5 to 4 in upholding the use of arbitration agreements in the workplace.
The plaintiff in the case argued that employees could not waive their rights in an agreement
Chipotle had an $8 million verdict against it in a California court last week for a wrongful termination claim. The verdict is a surprising huge amount and it should be a clear warning to employers about how important it is to document employee conduct, and then store and be able to access that evidence
On May 8, 2018, the court in Ibarra v. Wells Fargo Bank entered an order awarding Plaintiffs who filed a class action against the bank $97.2 million for rest break violations. The original complaint alleged various wage and hour violations, and after the parties filed cross motions for summary judgment, all but the rest
The California Supreme Court issued a monumental ruling this week regarding the test used in determining whether a worker can be classified as an independent contractor. In the case, Dynamex Operations West, Inc. v. Superior Court, the plaintiff brought a class action complaint alleging five causes of action arising from Dynamex’s alleged misclassification of