Anyone paying attention to national politics knows increasing the minimum wage is a hot topic  being debated by employee and business groups.  While the debate rages, the Sacramento City Council decided not to wait for the feds or the state to act, and recently voted 6-3 to increase the Sacramento city minimum wage, as follows: Continue Reading Sacramento Minimum Wage Increases

Employers doing business in California have seen a barrage of class actions and representative claims for various alleged wage and hour Labor Code violations. Some cases are premised solely on “technical” wage statement violations, where the employer may not have even realized the practice was occurring or was unlawful. Continue Reading Why You Should Take a Closer Look at California’s New Piece-Rate Legislation

Effective January 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons is considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act (“FEHA”).

Continue Reading An Employee’s Request for a Disability or Religious Accommodation Is Considered Protected Activity Under Change to the Fair Employment and Housing Act

On October 26, 2015, a California Court of Appeal held that the Federal Arbitration Act (“FAA”) does not apply to interstate truck drivers, and as a result, it ruled that an employer’s class action waiver was unenforceable as a matter of public policy under the California Gentry rule. Garrido v. Air Liquide Industrial U.S. LP, No. B254490 (Cal. Ct. App. Oct. 26, 2015). This case is significant because it expands the scope of the “transportation worker” exemption under the FAA. Practically, numerous employers who physically distribute their own goods interstate will now be prevented from compelling individual arbitration of class action lawsuits.

Continue Reading Employer Cannot Enforce Class Action Waiver Because Court of Appeal Rules Interstate Truck Drivers Not Subject to FAA

With holiday hiring in full swing, it is a good time to review some basic rules about employment applications in California. In general, employers should not request the following information on employment applications: Continue Reading The Pitfalls of Holiday Hiring: What Not to Ask on an Employment Application

In a unanimous decision, a California Court of Appeal held that an employee is not required to exhaust his or her administrative remedies by filing a complaint with the Labor Commissioner before commencing a civil action under California Labor Code sections 98.7 and 6312. Sheridan v. Touchstone Television Productions, LLC, No. B254489 (Cal. Ct. App. Oct. 20, 2015). Continue Reading “Desperate Housewives” Star’s Whistleblower Case Revived by Court of Appeal

In Sharif v. Mehusa, Inc., (Cal. App. 2d Dist. Oct. 14, 2015) 2015 Cal. App. LEXIS 897, plaintiff brought three claims for unpaid overtime, unpaid wages, and violation of California’s Equal Pay Act against her former employer. At trial, plaintiff only succeeded on her Equal Pay Act claim and was awarded $26,300. As the prevailing party under the Equal Pay Act claim, plaintiff filed a motion for attorney’s fees seeking $280,432, based on a $140,216 loadstar with a multiplier of two. Continue Reading Plaintiff and Defendant Are “Prevailing Parties” in Same Action

California’s new Fair Pay Act (“Act”) was signed into law by Governor Jerry Brown on October 6, 2015.  Many believe the Act is the most aggressive equal pay law in the United States.  The Act becomes effective January 1, 2016.

Prior to Act, California Labor Code section 1197.5 prohibited discrimination in pay based on gender since 1949.  The old law required equal pay for “equal work,” except under four situations: a seniority system; a merit system; a system measuring earnings by quantity or quality of production; or a “bona fide” factor other than gender.  Continue Reading California Employers Face Stringent New Equal Pay Requirements

We want to see your silly, spooky and/or funny Hallowen photos! Jackson Lewis is hosting a Halloween costume competition on Twitter and invite you to join in on the fun. Here’s how to enter:

Post one photo of you, your pet, and/or your family/child/children in a funny/cute Halloween costume. Be sure to hashtag #JLTrickorTreat and tweet at either or both of our accounts (@JacksonLewis + @JacksonLewisCA). Continue Reading Enter Today: Jackson Lewis Halloween Costume Competition #JLTrickorTreat