The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose
Things You Wanted To Know About Arbitration Agreements In California, But Were Afraid To Ask
What is an arbitration agreement?
Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that
Stephen Colbert Provides Reminder That Family Medical Leave Is Not A Laughing Matter
It may come as a surprise, but Stephen Colbert is human, and like the rest of us,
has a mother. He has taken a leave of absence from his show to apparently spend time with his ailing mother. An article I read recently notes how Colbert’s leave could trigger family medical leave. I thought the
New Law Effective 2012 Restricts Employers Ability To Conduct Employee Credit Checks
California’s new labor code provision severely restricts an employer’s ability to conduct credit checks on employees. Labor Code 1024.5, which took effect on January 1, 2012, only allows employers to conduct credit checks for employees who meet one of the following categories:
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A managerial position.
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A position in the state Department of Justice.
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That
2012 Wage and Reimbursement Rates For California Employers
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2012 Requirement |
Source |
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California Minimum Wage
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$8.00 per hour (unchanged from previous years) |
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San Francisco Minimum Wage
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$10.24 per hour |
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Computer Professional Exempt Salary Rate
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$38.89 or annual salary of not less than $81,026.25 for |
Template To Comply With Wage Theft Protection Act of 2011 Notice Requirement To All Hires Beginning in 2012 Published By Labor Commissioner
Today the Division of Labor Standards Enforcement (“DLSE”) published a template that employers can use in order to comply with the new notice requirements set forth in Labor Code section 2810.5. A Word version can be downloaded here and a PDF version can be downloaded here.
All California employers are required to provide a
Can Employees Agree To Waive Berman Hearings In Arbitration Agreements?
I’ve recently written a series of posts regarding the Berman hearing process available for employees to resolve wage disputes before the Labor Commissioner. See previous posts: Overview Of Berman Hearings Before The Labor Commissioner and How To Prepare For a Berman Hearing. But can an employer have an employee sign an arbitration agreement in which the
All California Employers Have New Employee Notice Requirements Beginning January 1, 2012
The new law affecting every employer in California is
the Wage Theft Protection Act of 2011. It takes effect on January 1, 2012 and adds additional notice and record keeping requirements that employers must comply with. The new law added Labor Code section 2810.5, which requires private employers to provide all new employees with
How To Prepare For a Berman Hearing
My las
t post provided an overview of the Berman hearing process when an employee begins a claim for unpaid wages with the Labor Commissioner. If the parties do not settle the claim at the settlement hearing, then the matter will be set for a Berman hearing pursuant to Labor Code 98(a). The Berman hearing
Overview Of Berman Hearings Before The Labor Commissioner
I’ve had a lot of interest from clients lately about the details of the administrative hearing process that employees can pursue before the California Labor Commissioner. With this interest, and just having represented a client at a Berman hearing this week, I wanted to explain the process in a series of posts.
An employee seeking