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Paul Zimmerman

Showing 6 posts from May 2018.

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Katarzyna Białasiewicz ©

Yet Another Threat to Arbitration

Given the choice, most California employers facing a lawsuit filed by an employee or, in the case of sexual harassment, a complaint with the Department of Fair Employment and Housing (DFEH), would pick arbitration as the favored forum for dispute resolution. Why? Because arbitration is typically a faster, more cost-effective and confidential process for litigants. Likewise, it allows for more streamlined discovery, and imposes simplified rules of civil procedure and evidence. But perhaps the most significant reason employers lean toward arbitration is that an unreasonable damage award is less likely to be levied by an arbitrator, as opposed to a jury. No wonder, then, that mandatory arbitration clauses are a fixture in employment agreements. (Read More)

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phartisan ©

Attention Employers: The Supreme Court Has Spoken On Class Action Waivers

The U.S. Supreme Court finally issued its long-awaited decision in Epic Systems Corp. v. Lewis, finding that class and collective action waivers contained in employer arbitration agreements are lawful and enforceable under the Federal Arbitration Act. To the delight of employers across a range of industries nationwide, the Court’s 5-4 decision means that companies can use arbitration agreements to prohibit workers from bringing or participating in class or collective actions over workplace issues (e.g., wage/hour claims). (Read More)

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olegdudko ©

And Then There Were Three

Attention insurers that issue policies of automobile insurance in the Golden State, there’s a third gender choice soon to be available on California driver’s licenses – non-binary – and you may have to adjust your rate plans accordingly. (Read More)

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Flat Rate Bonuses and Overtime Pay: Another Win for California Employees

The California Supreme Court has continued its employee-friendly ways. This time in Alvarado v. Dart Container Corp., 2018 Cal. LEXIS 1123 (Cal. Mar. 5, 2018), a case dealing with flat rate bonuses.

It’s not unusual for employers to pay such bonuses to employees – for instance, attendance bonuses for those scheduled to work undesirable shifts – in the same pay period in which an employee works overtime. But when they do, questions arise as to exactly how overtime is calculated. (Read More)

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Ivan Trifonenko © 123RF

Forecast for Overseas Data: Partly Cloudy

The CLOUD Act was passed as part of the omnibus budget bill signed into law on March 23, 2018, in an attempt to resolve an impediment to law enforcement’s ability to enforce warrants against tech companies based in the U.S. but storing data overseas. (Read More)

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Alena Saklakova ©

Employment Classification Just Took a Left Turn in California

There is big, BIG news out of the California Supreme Court that impacts every employer in the Golden State. At the very least, for California employers, the recent decision in Dynamex Operations West Inc. v. Superior Court is something that should grab their attention. And that’s because for the first time in nearly three decades, the standard to classify an individual as an employee or independent contractor has been altered. (Read More)