Must 100% of Service Charges Be Distributed to Service Employees? A June 27, 2019 California appellate court decision, O’Grady v. Merchant Exchange Productions, Inc., which recently was certified for publication, has unsettled the area of law regarding service charges and gratuities in the hospitality industry. Except where regulated by a contrary local ordinance such as…

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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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Top 10 Developments of 2018 in Employment and Higher Education Law: NUMBER 10 – HIGHER ED ROUNDUP 2018 was a year full of legislative action at the federal level. In the higher education sphere, proposed changes to Title IX dominated the news cycles, while changes at the Supreme Court might herald the demise of “affirmative…

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September is the most common birth month in the United States, making August a common time for HR professionals to be preparing for maternity leaves and other issues surrounding pregnant employees. Here are ten practical tips every California employer should know when supporting their pregnant employees: No Stereotyping: Pregnancy is a protected characteristic under California’s…

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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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