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The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.
Don’t think that just because an employee can’t find an attorney to represent her, you’ll easily get a case dismissed. When employees act as their own lawyers, courts try to give them a fair chance to make their case without benefit of counsel. As the following case shows, that can include giving pro se plaintiffs detailed instructions on how to make a winning argument.
The House of Representatives, intent on rolling back some of President Obama’s most incendiary labor policies, is using the FY2016 federal appropriations process to deny funding to carry out several National Labor Relations Board, Department of Labor and OSHA initiatives.
Temporary workers who are injured on the job are eligible for workers’ compensation benefits. But who is on the hook for the workers’ comp claim? The temp agency or its client? According to a recent court ruling, it can’t be both.
Sharing-economy employers, take note: Your innovative business model doesn’t mesh well with traditional interpretations of employment law. The latest evidence: The California Labor Commissioner’s determination that an Uber driver is an employee, not an independent contractor.
Sen. Al Franken has co-sponsored a bill with Rep. Hank Johnson (D-Ga.) that would limit what issues employers could force employees to arbitrate.
A California Court of Appeal has upheld an arbitration agreement written in English and signed by employees with limited language ability.
For want of a thumbtack, the Fair Labor Standards Act’s statute of limitations didn’t run. In a case involving a domestic worker’s pay dispute but equally applicable to any employment situation, a federal appeals court ruled that failing to display the Department of Labor’s minimum wage poster meant an employer was on the hook for years of wage-and-hour violations.
Don’t assume case is over after state court case ends. A recent case shows that even after a decade of litigation, the former employee may add a second federal lawsuit.
If your employee handbook hasn’t been updated in the past six months, it’s out of date. Because employment laws and your business are in a constant state of flux, it’s critical to keep your personnel policies up-to-date. In light of recent legal changes, be sure your policies include these updates: