Labor Department’s Guidance on Misclassification of Employees as Independent Contractors Aims High, Misses Mark

July 15, 2015 – The Department of Labor’s Wage and Hour Division Administrator today issued “interpretative guidance” aimed at stemming the “problematic trend” of misclassification of employees as independent contractors. The Administrator’s goal is righteous: Numerous commentators and judges have … Continue reading

National Labor Relations Board Issues Report on Employee Handbook Policies Likely to Violate Labor Laws

March 18, 2015 – The General Counsel of the National Labor Relations Board (“NLRB”) today released a 30-page report “concerning recent employer rule cases.” The report discusses a variety of provisions in employee handbooks that have led to complaints being … Continue reading

High Court Refuses to Strike Down California Rule on Representative Claims for Wage and Hour Penalties

January 20, 2015 – The United States Supreme Court today rejected an employer’s request for review of the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, LLC. This action could represent a major victory for California plaintiffs … Continue reading

To Sever or Not to Sever? A Key Consideration in Drafting Your Arbitration Agreement

January 7, 2015 – California employment laws – especially those involving so-called “representative” actions and arbitration – create a potential minefield for unwary employers. A decision issued today by the California Court of Appeal (Second Appellate District, Division Four) highlights … Continue reading