On September 11, 2019, the California Legislature passed Assembly Bill 5, a landmark employment bill that largely codifies the state Supreme Court’s decision in Dynamex Operations West v. Superior Court, which we blogged about here. Although the law has been criticized for numerous industry-specific exemptions, described below, Gov. Gavin Newsom is expected to sign it…

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TOP 10  EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 5 – EMPLOYEE-FRIENDLY OT CALCULATION FOR FLAT BONUS PAY REQUIRED Earlier this year, in Alvarado v. Dart Container Corp., 4 Cal. 5th 542 (Cal. Mar. 5, 2018), the California Supreme Court considered how employers should calculate an hourly employee’s overtime rate of pay when the employee has…

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Last week, in Vaquero v. Stoneledge Furniture, LLC, Case No. B269657, the California Court of Appeal decided that hourly employees that are exclusively compensated on a commission basis must also be separately paid for required rest periods. Under California law, employers must provide their non-exempt workers with paid ten-minute rest breaks for each four hours…

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HK’s Derek Ishikawa gives analysis of the Supreme Court’s recent decision in the Fisher v. University of Texas (“Fisher II”). A link to the article can be found here.

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On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions.  The result was somewhat surprising given that Justice Anthony Kennedy, writing for the majority, had never before voted to uphold a race-based…

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