On March 7, 2019, the U.S. Department of Labor (DOL) issued a proposed white-collar overtime exemption rule that would set the Fair Labor Standard Act’s (FLSA) salary threshold for exempt executive, administrative, and professional employees at $35,308 per year – about $679 per week – and for highly compensated employees at $147,414 per year. The…
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WHAT TO EXPECT IN CALIFORNIA EMPLOYMENT LAW FOR 2019 In many ways, 2018 was a bellwether year for California employment law, seeing major changes in the laws pertaining to sexual harassment, independent contractors, and a whole host of other issues. Does 2019 hold as many big surprises in store? The short answer: probably not, but…
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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NUMBER 1 – DYNAMEX TURNS THE WORLD OF INDEPENDENT CONTRACTOR LAW UPSIDE DOWN To be honest, there was no contest for the top development in California employment law in 2018. It was a runaway, and chances are if you asked any employment lawyer, plaintiff or defense side, they…
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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 3 – MINUTES COUNT: THE FLSA’S DE MINIMIS DOCTRINE DOES NOT APPLY IN CA California employers have long relied on federal doctrines such as the de minimis rule, which excuses employers from compensating employees for very small amounts of time worked off the clock, when creating their…
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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 4 – CA APPELLATE COURT LIMITS SCOPE OF DERIVATIVE WAGE STATEMENT LIABILITY California class action plaintiffs alleging various wage and hour claims often tack on a derivative wage statement claim under Labor Code section 226. The theory behind a derivative wage statement claim is that if an…
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