Congress Has Spoken on Court Access for Victims of Workplace Harassment and Assault

In a rare show of bipartisanship, the U.S. Senate has just passed legislation arising out of the #MeToo movement that guarantees the victims of workplace sexual harassment or assault the ability to pursue litigation against their employers in court, as opposed to arbitration. (Read More)

Michelman & Robinson Breaks Down the Families First Coronavirus Response Act

The House passed sweeping legislation Saturday to respond to the coronavirus outbreak, an overwhelmingly bipartisan vote to expand access to free testing, provide $1 billion in food aid, and extend sick leave benefits to vulnerable Americans. Here, in question and answer form, Michelman & Robinson, LLP addresses some of the employment and tax implications of the bill that may be of particular interest to you.

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Another Class Action-Related Gift to Employers from the U.S. Supreme Court  

Nearly a year after its 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, the U.S. Supreme Court has spoken once more on the topic. This week, in Lamps Plus Inc. v. Varela, the high court ruled that arbitration agreements must specifically contemplate class arbitration for that process to be invoked. (Read More)

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)

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)

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)

And on the Seventh Day, We Rest...Sometimes

The Labor Code in California appears to be pretty clear where it states that employees cannot work more than six consecutive days without a day of rest. But as is so common in the law, even this seemingly straightforward rule is subject to interpretation. And that’s exactly what the Ninth Circuit has done – with the help of some guidance from the California Supreme Court – in Mendoza v. Nordstrom Inc. (Read More)