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1 May 2018, 1:02 pm by Timothy Kim
In a voluminous, 82-page decision, the California Supreme Court reinterpreted and ultimately rejected the Borello test for determining whether workers should be classified as either employees or independent contractors for the purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”) in favor of a worker-friendly standard that may upend the existing independent contractor labor market. [read post]
1 May 2018, 12:13 pm by bcutterlaw
Bureau of Labor Statistics data and California Department of Industrial Relations data. [read post]
1 May 2018, 10:40 am by Stefanie K. Vaudreuil
AB 2946 Division of Labor Standards Enforcement limitations period Like AB 1870, this bill seeks to extend the time to file a complaint of retaliation with the Division of Labor Standards Enforcement (DLSE). [read post]
27 Apr 2018, 9:29 am by Anthony Zaller
SB 1284 would require employers with 100 or more employees to submit a pay data report to the Department of Industrial Relations. [read post]
Substantively, a wide range of criminal records are off-limits to California employers (unless the employer qualifies for very narrow exceptions identified in the Labor Code). [read post]
24 Apr 2018, 9:55 am by Lindsay Colvin Stone
  Viewed as a response to the #MeToo movement, the Budget tasks the New York State Department of Labor and New York State Division of Human Rights with creating an interactive model sexual harassment training program for employers in the state, which shall contain the following elements: An explanation of sexual harassment; Examples of conduct that would constitute unlawful sexual harassment; Information regarding the federal and state statutory provisions concerning sexual… [read post]
24 Apr 2018, 9:55 am by Lindsay Colvin Stone
  Viewed as a response to the #MeToo movement, the Budget tasks the New York State Department of Labor and New York State Division of Human Rights with creating an interactive model sexual harassment training program for employers in the state, which shall contain the following elements: An explanation of sexual harassment; Examples of conduct that would constitute unlawful sexual harassment; Information regarding the federal and state statutory provisions concerning sexual… [read post]
17 Apr 2018, 2:57 am by Walter Olson
On Labor Day 2007, a forest fire broke out in California’s eastern Sierra Nevada and eventually burned about 65,000 acres. [read post]
10 Apr 2018, 11:39 am by Keith Goodwin and Greg Labate
Department of Labor (the “DOL”) have long permitted employers to require the pooling of tips. [read post]
10 Apr 2018, 8:49 am by Fred Pressley
Navarro that service advisors at an auto dealership are exempt from the Fair Labor Standards Act’s (FLSA) overtime pay requirement. [read post]
7 Apr 2018, 5:52 am by Nassiri Law
Additional Resources: Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act, January 2018, United States Department of Labor More Blog Entries: California Internship Lawsuits: Blaming the Victim, Oct. 28, 2013, Orange County Employment Lawyers Blog [read post]
3 Apr 2018, 10:43 am by Gail Cecchettini Whaley
But California employers should know that: The California Labor Code is generally construed in favor of the worker; The California Labor Commissioner interprets ambiguous rules in favor of the worker; and California courts uphold this construction. [read post]
27 Mar 2018, 9:45 am by Suzanne Herrmann Brock
” The “substantially similar” standard, which diverges from the “equal work” standard of the federal Equal Pay Act, mirrors the California Fair Pay Act. [read post]
27 Mar 2018, 6:37 am by Nassiri Law
Results showed 81 percent of respondents would be classified as “very low-income” using standards set by Department of Housing and Urban Development. [read post]
23 Mar 2018, 1:56 pm
Department of Industrial Relations (1985) 165 Cal.App.3d 239, 250–251 (Skyline Homes).)The DLSE is the state agency charged with enforcing California’s labor laws, including the IWC wage orders. [read post]
22 Mar 2018, 9:01 am by Hunton & Williams LLP
Department of Labor (“DOL”) has at times adopted similar positions, depending on the reason for the deduction. [read post]
19 Mar 2018, 9:42 am by Dan Carvajal
However, this interpretation is at odds with the one the Department took in 2011, when the federal government briefly adopted the same full expensing policy. [read post]