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California Supreme Court Adopts Stricter ABC Test To Determine Employment Status

Published on May 21, 2018

In a landmark decision, the California Supreme Court adopted a new test that assumes workers are employees for purposes of claims under the Industrial Welfare Commission Wage Orders, unless the entity can show that the worker is free from its control, performs work outside the usual course of the entity’s business, and is customarily engaged in an independently established occupation.

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U.S. Supreme Court Holds FLSA Exemption Should Not Be “Narrowly Construed”

Published on April 6, 2018

On Monday, the United States Supreme Court issued an opinion analyzing the scope of an exemption under the Fair Labor Standards Act (FLSA) for salesmen primarily engaged in selling or servicing automobiles. The Court’s opinion, however, will most likely have implications for other exemptions under the FLSA beyond just this one exemption.

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New California Law Allows Health Care Workers to Waive Meal Periods

Published on December 3, 2015

On October 5, 2015, California Governor Jerry Brown signed Senate Bill No. 327 into law, which took effect immediately and confirmed that employees in the health care industry (i.e. nurses, therapists, physician assistants, technicians) can waive one of their two meal periods when working a shift over twelve hours in a workday. (more…) ...

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California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital

Published on December 2, 2015

Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with California wage and hour law. When faced with a class action, such employers must also thoroughly address each class certification requirement when preparing an opposition to class certification.  (more…) ...

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Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

Published on November 30, 2015

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is unlike any that has come before it, as the founders of global coworking company WeWork recently discovered. (more…) ...

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