TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 2: ARBITRATION AGREEMENTS GAIN STRENGTH — A POWERFUL DEFENSE AGAINST CLASS ACTIONS Background Contractual arbitration is essentially private court; it is an agreement by the parties to submit disputes to binding arbitration before a neutral arbitrator (often a retired judge), rather than to pursue such claims in…

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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 3 – MINUTES COUNT: THE FLSA’S DE MINIMIS DOCTRINE DOES NOT APPLY IN CA California employers have long relied on federal doctrines such as the de minimis rule, which excuses employers from compensating employees for very small amounts of time worked off the clock, when creating their…

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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 4 – CA APPELLATE COURT LIMITS SCOPE OF DERIVATIVE WAGE STATEMENT LIABILITY California class action plaintiffs alleging various wage and hour claims often tack on a derivative wage statement claim under Labor Code section 226. The theory behind a derivative wage statement claim is that if an…

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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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TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: No. 6 – #METOO’s DRAMATIC IMPACT ON SEXUAL HARASSMENT LEGISLATION The #MeToo movement went viral on social media and in the news in October 2017 and triggered the most significant changes in California’s sexual harassment laws to be seen in a long time. In response to the #MeToo…

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