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Paul Zimmerman

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More PAGA Claims on the Horizon After Epic

The United States Supreme Court’s landmark decision in Epic Systems Corp. v. Lewis– enabling class action arbitration waivers in the employment context – might have an unintended consequence in the form of more Private Attorneys General Act (PAGA) cases filed in California. This is especially true after the recent California Court of Appeals decision in Huff v. Securitas Securities Services USA, Inc. (Read More)

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Words Matter

Words, matter; and spelling and grammer does to.

For those paying attention, you are correct: the comma as placed in that first sentence does not belong; the semi-colon should be a comma; “grammer” is misspelled; the verb “does” should be “do,” and “to” needs a second “o.” Good job connecting with your inner-spell check. (Read More)

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In-N-Out of the Fifth Circuit: Ban on “Fight for $15” Buttons Struck Down

In-N-Out recently got served by the Fifth Circuit Court of Appeals – “animal style.” In early July, the Court struck down a ban instituted by the California-based restaurant chain prohibiting employees at one of its locations in Austin, Texas from wearing “Fight for 15” buttons. The employees in question wore them in solidarity with other fast food workers as a collective nod to an increase in the minimum wage – a move that In-N-Out’s management found as tasteless as unsalted fries. For its part, In-N-Out had in place a uniform policy forbidding “pins or stickers.” Apparently these adornments were deemed to be inconsistent with the “no frills,” clean, white and red uniforms worn by its employee. The National Labor Relations Board and the Fifth Circuit thought otherwise. (Read More)

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How Travel Time Factors into Payday: the Department of Labor Weighs In

So, you have non-exempt employees – ones without fixed daily schedules, yet entitled to overtime pay pursuant to the Fair Labor Standards Act – who are required to travel for work. What portion of their time on the road will their paychecks reflect? This has been a sticky issue for employers and hourly employees. Thankfully, the Wage and Hour Division (WHD) of the Department of Labor has provided guidance. (Read More)

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The Gap Narrows

There’s good news regarding the gender pay gap – it continues to narrow, as recently confirmed by the Pew Research Center. No doubt, courts and legislatures throughout the U.S. are doing their part to ensure that this trend continues, which is particularly true out west.

Since this past January 1, 2018, employers in the California have been required to comply with California Labor Code §432.3, which prohibits them from asking job applicants about their salary histories (a law directly aimed at the compensation divide between men and women). And last April, the Ninth Circuit Court of Appeals weighed in on the issue. (Read more)

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#MeToo: What Employers Need to Know About New Laws in New York State and City Concerning Workplace Sexual Harassment

The New York State Legislature and New York City Council have passed sweeping anti-sexual harassment laws expanding the landscape of employers’ existing obligations in addressing sexual harassment in the workplace. The laws follow on the heels of the #MeToo movement and are aimed at providing greater protection against sexual misconduct on the job. Here’s a rundown of the new mandates, with the deadlines for compliance: (Read More)

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The GDPR Comes to the Golden State

California has hopped on the General Data Protection Regulation (GDPR) bandwagon with the California Consumer Privacy Act just signed into law by Governor Jerry Brown. The new data privacy law – which was unanimously approved by the state legislature and is the strictest in the U.S. – is GDPR-like to the extent it allows consumers to control how their personal data is collected, processed and shared. (Read More)

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Minimum Wage Is on the Rise . . . Again

Attention employers with 26 or more employees operating in the cities of Los Angeles, Santa Monica and Malibu and unincorporated Los Angeles County, on July 1, 2018, the minimum wage you are legally required to pay jumped to $13.25 an hour. This latest increase is a steppingstone to the $15 hourly rate that will be mandated in 2020. (Read More)

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Something New on the Starbucks Menu: Diversity Training

Recently, more than 8,000 Starbucks locations in the U.S. closed shop for a mandatory “Racial Bias Education Day” – a diversity training for its employees. The day of training was precipitated by the arrest of two black men in a Starbucks in Philadelphia, prompted by a call to the police by one of the store’s managers who claimed the men were sitting in the Starbucks for minutes without making a purchase. (Read More)

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New Hurdles for Insurers Offering Good Driver Discounts

It is no newsflash that qualified good drivers must be offered premium discounts for automobile insurance under Proposition 103. That being said, the mechanics of these offerings have recently become more complicated. An explanation follows, but first, a bit of background. (Read More)