As communities continue to deal with the COVID-19 pandemic and additional guidance is issued by the Centers for Disease Control (“CDC”), more state, county and municipal orders are being issued to combat the spread of the virus and protect the safety of residents and workers. Many of these new or amended orders include a greater emphasis on social distancing and sanitation requirements for employers as well as the use of face coverings at businesses that remain operational. Below are highlights from recent orders with links issued by the following Southern California Counties: Riverside, San Bernardino and San Diego:
Continue Reading California Counties Mandate Face Coverings & Stricter Requirements for Businesses
New Year, New Minimum Wage Rates in California
Beginning January 1, 2018, the new California minimum wage rate for employers with 26 or more employees will be $11.00 per hour and the new California minimum wage rate for employers with 25 or fewer employees will be $10.50 per hour.
As we previously reported, effective January 1, 2017, the California state minimum wage began increasing yearly through January 1, 2022 for employers employing 26 or more employees. Effective January 1, 2018, the California state minimum wage will begin increasing yearly through January 1, 2023 for employers employing 25 or fewer employees.
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Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy
Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir. Ohio Oct. 12, 2017). The decision provides support for the legality of taking a draw on an employee’s future commissions, and highlights the problem with having a policy that requires repayment of draws upon termination.
Continue Reading Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy
Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among Proposed Class Members
The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification motion relied chiefly on deposition and declaration testimony to highlight inconsistencies, variations, and individualized inquiries that prevented resolution of the claims at issue on a class-wide basis.
Continue Reading Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among Proposed Class Members
REMINDER: California Family Rights Act Amendments Go Into Effect July 1, 2015
The California Family Rights Act (“CFRA”) is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event, such as family care leave or leave for an employee’s own serious health condition. Employers covered by this regulation are those who employ 50 or more employees within a 75-mile radius. If an employer is covered by the CFRA, eligible employees are those who have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the leave.
Continue Reading REMINDER: California Family Rights Act Amendments Go Into Effect July 1, 2015