Sexual Harassment – Have We Reached a Tipping Point?

Roger Ailes, Fox News. Bill O’Reilly, Fox News. Harvey Weinstein, Miramax. Donald Trump, President. James Toback, director. Dave McClure, 500 Startups. Justin Caldwell, Binary Capital. John Besh, chef. Al Franken, Senator. Matt Lauer, NBC. Charlie Rose, PBS. Mark Halperin, MSNBC. Eric Bolling, Fox News. Russell Simmons, Def Jam Records. … [Read more...]

On-call Rest Periods: Augustus v. ABM Security Services, Inc.

Late last year, in a controversial, split decision, the California Supreme Court ruled that employers cannot require employees to remain “on-call” during rest periods, and that state law prohibits both on-duty and on-call rest periods. BACKGROUND The relevant facts are as follows. The plaintiffs, including named plaintiff Jennifer Augustus, … [Read more...]

New/Updated Workplace Laws for 2017

Starting some time in 2016, or as of January 1, 2017, there are almost two dozen new laws that impact California employers. Brief summaries of those laws are contained in this article. (They are listed by Assembly Bill (AB) and Senate Bill (SB), in numerical order.) ABX2-7 – Expanded Smoking Bans in the Workplace (Effective June 9, … [Read more...]

California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contracts

Starting January 1, 2017, California Labor Code, Section 925 generally prohibits choice of law or venue provisions in employment contracts for California employees. Section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision … [Read more...]

New Wage Laws in California

November 22, 2016, San Diego, California – On April 4, 2016, Governor Brown signed Senate Bill (“SB”) 3 into law. SB 3 incrementally raises California’s minimum wage each year between 2017 and 2022 and also changes what constitutes an “exempt” employee from overtime pay requirements. (Had a bill not been passed, California citizens would have had … [Read more...]

Uber Class Action Update

This summer, Uber announced a settlement of the class actions claims against it in California and Massachusetts for a monetary payment of up to $100,000,000. But the judge overseeing the case rejected the settlement. Separately, but significantly, a federal appeals court ruled that the arbitration agreements signed by most drivers were … [Read more...]

The Habitual Nature of Sexual Harassment

Sexual harassment usually is not an isolated event. Gretchen Carlson, a former Fox News host, recently filed a lawsuit against (now former) CEO of Fox News, Roger Ailes, alleging causes of action for sexual harassment and retaliatory termination. Ms. Carlson primarily alleges that Ailes propositioned her on numerous occasions, ogled her, demanded … [Read more...]

Uber Drivers: employees or independent contractors?

Uber recently announced a class action settlement for California and Massachusetts drivers involving a monetary payment of up to $100,000,000. This lawsuit was the first of several class action lawsuits against Uber. WHY ARE DRIVERS SUING UBER? The recently settled lawsuit primarily focused on how Uber classifies its drivers. Uber … [Read more...]

CAN AN INDEPENDENT CONTRACTOR WORK FULL TIME HOURS FOR BELOW MINIMUM WAGE?

Independent contractors are not entitled to minimum wage under California law and the federal Fair Labor Standards Act. They can work full time hours for below minimum wage. CURRENT MINIMUM WAGE Federal and state laws set minimum wage. Minimum wage is the minimum amount employers must pay employees for each hour worked. The purpose of minimum … [Read more...]

CAN CALIFORNIA EMPLOYERS FORCE OVERTIME WORK ON YOU?

California employers can require employees to work overtime. They can even demote, discipline or terminate employees who refuse to work overtime.  Despite being allowed to force employees to work overtime, employers nonetheless must: (1) properly pay employees at the appropriate overtime pay rates; and (2) comply with the state's mandatory … [Read more...]