TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW: NUMBER 8 – EQUAL PAY REDEFINED Pay Me What You Owe Me: Aileen Rizo Redefines the Equal Pay Act I imagine that Rihanna and Aileen Rizo are kindred spirits. Rihanna topped the charts with a song demanding to “pay me what you owe me”…

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TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW: NUMBER 9 – EMPLOYER ROUNDING POLICIES ARE LEGAL One of the year’s most important wage and hour decisions involved rounding of hourly employee time entries. AHMC Healthcare, Inc. v. Superior Court delivered a rare win for employers, affirming the legality of payroll systems that…

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In a long-awaited decision, the California Supreme Court has just rejected the applicability of the Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law, in Troester v. Starbucks. Troester was an hourly Starbucks employee who claimed unpaid wages for performing store-closing tasks after clocking out. These tasks included transmitting daily sales, profit and…

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Category: Wage-Hour,

As most employers are undoubtedly aware, April’s dynamite Dynamex decision blew up the definition of “employer” for purposes of determining independent contractor status. The California Supreme Court utilized the newly adopted “ABC test” for determining whether an employer “suffers or permits” the work, thereby justifying classifying the worker an employee.  The knockout blow came in…

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On July 13, 2017, the California Supreme Court held that plaintiffs need not demonstrate good cause to discover contact information of other allegedly aggrieved employees in an action brought pursuant to the Private Attorneys’ General Act (“PAGA”).  The Court’s pro-employee decision resolves an issue of first impression concerning the scope of discovery in PAGA cases….

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Category: Class Actions, Wage-Hour,