On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela issued the latest in what has become a burgeoning series of impactful rulings related to arbitration agreements in the employment realm: Epic Systems v. Lewis (May 21, 2018) – upholding the enforceability of class action waivers in arbitration agreements (which we…

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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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Category: Wage-Hour,

In its recently issued decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the National Labor Relations Board (NLRB) reversed course on the test it uses to determine whether a worker is an employee or an independent contractor, adopting a more employer-friendly standard. While it retains the common law’s multi-factor test for determining…

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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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