Labor & Employment Law Blog
This is one of many law blogs blog published by AmLaw 200 firm Sheppard Mullin. Topics covered include the Americans with Disabilities Act, class actions, collective bargaining, discrimination, drug policies, hiring, illness, payroll and privacy.
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Recent Articles
Department of Labor Issues New FMLA Poster and Forms For Employer Use
The Department of Labor has released a new poster that reflects recent amendments to the Family and Medical Leave Act ("FMLA"). As part of the FMLA, employers are required to post in a conspicuous place a notice explaining the Act's provisions. The new poster reflects changes...
California Court Holds Punitive Damages Not Available For Unpaid Minimum Wages, Inaccurate Pay Stubs, And Meal And Rest Period Violation Claims
In Brewer v. Premier Golf Properties, the California Court of Appeal reversed a jury verdict which awarded $195,000 in punitive damages to a former employee who sued for various violations of the Labor Code. The plaintiff, a longtime waitress at a golf course, sued her former employer...
May Deductions Be Taken From An Employee's Paycheck To Recover Prior Wage Overpayments? The DLSE Confirms That Such A Practice Can Be Lawful, But Several Conditions Apply.
To quickly process payroll, employers oftentimes pay hourly employees for an assumed amount of hours before their actual timesheets are submitted. For example, an employer may issue a paycheck every Friday for an assumed 40 hours before actually receiving the employee's final timecard for the...
May An Employer Recover Prior Wage Overpayments? The DLSE Confirms That Such A Practice Can Be Lawful, But Several Conditions Apply.
To quickly process payroll, employers oftentimes pay hourly employees for an assumed amount of hours before their actual timesheets are submitted. For example, an employer may issue a paycheck every Friday for an assumed 40 hours before actually receiving the employee's final timecard for the...
The Employee Free Choice Act: No Choice At All
The arrival of President-elect Obama and a democratic congress in 2009 presents a unique moment in history for labor and employment law reform. The Obama administration is expected to support a variety of new labor and employment initiatives that will have profound consequences for American...
New FMLA Regulations: What You Need to Know
Presented by Jennifer Redmond This 1-hour seminar will cover what you need to know about the new FMLA regulations, including: New employer notice requirements New employee notice obligations Qualifying exigency leave defined Limited rights to contact the health care provider...
Ninth Circuit Rules That California's Labor Code Applies To Work Performed In California By Non-Residents
In Sullivan v. Oracle Corp., the Ninth Circuit Court of Appeals recently ruled that the California Labor Code applies to work performed in California by non-residents of California. Oracle Corporation, a large software company, employed hundreds of workers to train Oracle customers in...
Governor Schwarzenegger Announces Employment Stimulus Action Plan
Faced with an $11.2 billion dollar budget shortfall, Governor Schwarzenegger announced a targeted employment stimulus package which is designed to generate new jobs, keep existing jobs and businesses in California, and lure others back to the state. The Governor's plan includes seven...
Ninth Circuit Arguably Leads the Way to Employer-Mandated Health Care
On September 30, 2008, the Ninth Circuit issued its long-awaited decision in the Golden Gate Restaurant Association v. San Francisco, holding the employer spending requirement of the San Francisco Health Care Security Ordinance is not preempted by the Employee Retirement Income Security Act, as...
Another Court Of Appeal Holds That To "Provide" Meal And Rest Periods Means "Make Available"
On October 28, 2008, only six days after the California Supreme Court's decision to review Brinker Restaurant v. Superior Court of San Diego, a different California Court of Appeal reached the same conclusions about an employer's obligation to provide meal and rest periods. In Brinkley v....
