In prior blog posts about the coronavirus pandemic, we’ve looked at strategies and steps employers can take to adapt their workplaces to the “new normal” (which, as we all know, is going to look quite different from the “old normal”). We’ve gone in-depth with the steps employers should take to ensure employees are safe upon…

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On September 12, 2019, the California Supreme Court decided ZB N.A. v. Superior Court and issued a rare win for employers in a year that has brought, among other things, the near-extinction of the independent contractor classification through the expected passage of A.B. 5. Brief Background: The Use of Labor Code Section 558 in PAGA…

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TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW:  NUMBER 7 – CLASS ACTION WAGE & HOUR WIN FOR EMPLOYERS Employers of Commissioned and Piece-Rate Employees: Pay Minimum Wage for Every Hour Worked With No Later “Clawback” and You May Be in the Clear When the California Wage Orders say that rest breaks…

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Seeking another route to reverse a key decision of the Obama-era National Labor Relations Board (“NLRB” or the “Board”), the current Board has proposed a new administrative rule for determining whether an entity is a “joint employer.” The key to this new test is that an entity controls the “essential terms and conditions” of an…

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Category: NLRB,

On October 16, 2017, the U.S. Supreme Court declined to review the California Court of Appeal’s 2016 decision in Tanguilig v. Bloomingdale’s, Inc.  At least for now then, the California Supreme Court’s 2012 decision in Iskanian v. CLS Transportation Los Angeles, LLC stands.  As readers of this blog will know, that earlier decision determined that…

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