The U.S. Department of Labor (DOL) issued Opinion Letter FMLA2025-01-A, clarifying the complex interaction between (1) the federal Family and Medical Leave Act (FMLA), (2) state-paid family and medical leave program (PFML) benefits and (3) employer-provided accrued vacation, paid time off, and/or paid sick time (employer-paid leave).
Continue Reading The DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave Programs
While the Golden State has most everything you’d ever want to enjoy, employers doing business in California know that a Private Attorneys General Act (PAGA) lawsuit is not one of
Continue Reading When Good Intentions Become PAGA: Initiative to Repeal PAGA on November 2024 Ballot in CA
The practice of rounding an employee’s time up or down to the nearest interval is widespread. It offers employers the convenience of using round numbers to determine the number of
Continue Reading Rounding Time Roundly Criticized by California Court of Appeal
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration
Continue Reading The End of AB 51?
The California Court of Appeal ruled in Seviour-Iloff v. LaPaille1 that employees could pursue Labor Code-based claims against executives of their employer, personally. The court found that Labor Code
Continue Reading Executives Potentially Liable for Wage Claims
A bill introduced in the California Assembly in February 2022 would prohibit employers from discriminating against workers and job applicants for off-duty marijuana use.
Assembly Bill (AB) 2188 would amend
Continue Reading New California Bill Would Prohibit Employers From Acting Against Workers for Off-Work Cannabis Use
In Waters v. Day & Zimmerman NPS, Inc., the First Circuit has seemingly muddied the waters on Bristol-Myers Squibb’s applicability to FLSA collective actions.
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Continue Reading First Circuit Court of Appeals Rejects Bristol-Myers Squibb’s Applicability to FLSA Collective Actions; Creates Circuit Split
While much ink has been spilled answering questions about employers requiring or not requiring proof of vaccination status and the consequences for employees failing to do so, one question has
Continue Reading Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where
Continue Reading 2 US Circuit Courts Side with Employers, Limit Scope of FLSA Collective Actions Based on Failure to Establish Specific Personal Jurisdiction
As States “reopen” and employees “return to work,” employers are presented with a fresh opportunity to revisit their pre-pandemic policies. McKinsey reported in the fall of 2020 that women, LGBTQ
Continue Reading Mission Possible: Revamp and Reeducate for Prevention of Workplace Discrimination, Harassment and Retaliation