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Wesley Shelton is an associate in the Labor and Employment Group in the firm's Orange County office

With some employees returning to the office, and many states now permitting non-essential business travel, business managers are beginning to reassess the feasibility of a mobile workforce.  One barrier to business travel, however, is state by state travel restrictions which vary substantially and may be inconsistent.  In addition, the Centers for Disease Control and Prevention (CDC) continues to recommend that employers “minimize non-essential travel,” and offers guidelines for safer business travel during the Coronavirus pandemic.
Continue Reading Navigating Business Travel Through the Pandemic

Many California employees received a raise on January 1, 2019 when the state increased the minimum wage to $12 per hour for large employers (26 employees or more) and $11 per hour for small employers (25 employees or fewer). Effective July 1, 2019, several counties and municipalities in California are adding to these minimum wage increases. The amount of the increase varies by city and county, and some local governments make a distinction between large and small employers. Hotel workers in places like Long Beach, the County and City of Los Angeles, and Oakland are entitled to wages significantly higher than the minimum wage for other types of employees. The following chart summarizes these changes.
Continue Reading July 1, 2019 Minimum Wage Increases in California Counties and Municipalities

Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application of freedom of religion rights rooted in the U.S. Constitution. Together, these cases narrow the definition of the term “minister,” and expand the spectrum of employment law claims which may be brought against a religious employer. This new interpretation of freedom of religion rights may be difficult to reconcile with existing law from the U.S. Supreme Court which bars a minister from bringing employment discrimination claims against a religious employer.
Continue Reading Ninth Circuit and California Court of Appeals Rule on Freedom of Religion Rights

The California Court of Appeals recently decided a new case potentially expanding the scope and impact of Private Attorneys General Act (PAGA) claims brought by an employee against his employer. In Huff v. Securitas Security Services USA, Inc., the court posed the question of “whether a plaintiff who brings a representative action under PAGA may seek penalties not only for the Labor Code violation that affected him or her, but also for different violations that affected other employees.” The court then answered that question in the affirmative, concluding “PAGA allows an ‘aggrieved employee’ – a person affected by at least one Labor Code violation committed by an employer – to pursue penalties for all the Labor Code violations committed by that employer.” Accordingly, an employee alleging a single violation of the California Labor Code may now bring PAGA claims against his employer for all violations, suffered by any other employee, of the same employer.
Continue Reading Court Expands Reach of California PAGA Representative Actions

With ever-increasing employer health care costs, it’s not surprising that Workplace Wellness Programs are becoming more common and comprehensive. According to Fidelity Investment’s fifth annual wellness survey, 95% of companies plan to offer some kind of health improvement program for their employees, and plan to spend an average of $594 per employee on wellness-based incentives. In a bid to reduce health care costs, and protect employees and customers from illness, many employers have implemented coercive, or even mandatory Workplace Wellness Programs. When these programs make employee participation a term and condition of employment, employers must administer them with care or risk violating federal, state and/or local employment laws.
Continue Reading Promoting Wellness, Not Litigation

President Donald Trump signaled an ideological shift in the U.S. Equal Employment Opportunity Commission and National Labor Relations Board, through two new appointments, during his first week in office.  President Trump appointed Republicans Victoria Lipnic, and Philip A. Miscimarra, as acting chairpersons for the EEOC and NLRB, respectively.  Both Lipnic and Miscimarra appear disposed to pursue more business-friendly labor policies than their Democratic predecessors.
Continue Reading Trump Initiates Ideological Shift in Administration of EEOC and NLRB