Tag Archives: GT Law

Employers Score Another Hit Against AB 51 as Preliminary Injunction Extends Prohibition on Enforcement by State of California

In the span of five weeks, a coalition of plaintiffs representing national and state business organizations and employers, including the U.S. Chamber of Commerce and the California Chamber of Commerce, have gone two for two in challenging AB 51 to restore the previous status quo permitting the use of arbitration agreements with their employees. The … Continue Reading

OSHA Is Raising Its Maximum Penalty Amounts, Again!

On Jan. 10, 2020, the U.S. Occupational Safety and Health Administration (OSHA) announced another increase in the maximum civil monetary penalties for violations of federal Occupational Safety and Health standards and regulations. The new monetary penalties will be nearly 2% higher than the current maximum penalty amounts. Effective Jan. 15, 2020, the maximum penalty for … Continue Reading

AB 5 Update: The California Supreme Court Will Likely Decide if Dynamex Is Retro in 2020

On Jan. 15, 2020, the California Supreme Court granted, and then deferred further action on, the appeal of a lower appellate court’s opinion in Gonzales v. San Gabriel Transit, Inc. pending its disposition of Vazquez v. Jan-Pro Franchising Int’l, Inc., which takes up the common issue of whether the Dynamex decision applies retroactively. Last year, … Continue Reading

NY State Bans Discrimination Based on Religious Attire, Clothing, and Facial Hair

On August 9, 2019, New York state amended its Human Rights Law (NYSHRL) to expressly include the workplace protection of religious attire, clothing, and facial hair. The law becomes effective in sixty (60) days, on October 8, 2019. While religious discrimination has long been outlawed under both state and federal law, this amendment makes clear … Continue Reading

California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims

On July 26, 2018, the California Supreme Court issued a long-awaited decision in Troester v. Starbucks Corporation, in which it considered the applicability of the de minimis doctrine to claims for unpaid wages under the California Labor Code. The de minimis doctrine is an application of the legal maxim that “the law does not concern itself with … Continue Reading

California Clarifies How Employers Can Use Salary History Information

On July 18, 2018, Governor Brown signed AB 2282, the Fair Pay Act Bill, into law to clarify Labor Code sections 432.3 and 1197.5 (also known as the California Equal Pay Act), which collectively dictate how employers can use salary history information of employees and applicants for employment. Existing law prohibits California employers from asking … Continue Reading

Massachusetts to Phase-In Minimum Wage Hike, Eliminate Sunday Premium Pay, and Provide Paid Family and Medical Leave

On June 28, 2018, Massachusetts Governor Baker signed into law “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday.” The new law will gradually increase the minimum wage over the next five years; phase-out premium Sunday pay for retail employees; and create a paid family and medical leave program … Continue Reading
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