Employment Law
Generally, employers in California are free to define their workdays and workweeks as they see fit, with at least one major caveat: they may not structure the workday or workweek in a way that systematically prevents employees from earning overtime pay. A recent case, Jakosalem v. Air Serv Corp., highlights the risks inherent in this…
The U.S. Supreme Court recently agreed with the Federal Trade Commission (FTC) when it ruled North Carolina’s custom of practicing dentists serving on the state regulatory board was anticompetitive. The decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission could subject thousands of similarly structured boards to antitrust liability, and brings into…
Newport Beach, CA — March 26, 2015. On February 23, 2015, a Los Angeles Superior Court granted a motion for summary judgment filed by aerospace metal finishing company, EME, Inc., against a class of hourly workers who claimed, among other things, that EME’s practice of combining rest breaks was per se illegal. The court entered…
Background: What is PAGA? The Private Attorney General Act of 2004, or PAGA, allows a private citizen to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency (LWDA). PAGA gives the private citizen the unique ability to act as an attorney general, as he or she has the right…
Sick leave policies are important for California employers to consider as we continue in 2015. On September 10, 2014, California Governor Jerry Brown signed AB-1522 (the Healthy Workplace, Healthy Families Act of 2014), which requires virtually all California employers, regardless of size, to provide paid sick leave to their employees. In response to the law,…
House Passes Bill in Support of 40-hour Work Week under ACA On January 8, 2015, the U.S. House of Representatives passed the Save American Workers Act on a 252-172 vote. The legislation, which would run into a promised veto from President Barack Obama should it pass the Senate, would ease the Affordable Care Act’s definition…
“Where are we going?” “Are we there yet?” “What’ll we do when we get there?” These are questions more and more orthopaedic surgeons in California, and nationwide, have been asking themselves in the context of their practice or employment arrangements. While there are no black and white answers to these questions, this article analyzes the…
AB 469 Effective January 1, 2012, employers must provide employees, at the time of hire, a notice stating the rate and basis of their wages. The notice must identify: (a) the rates of pay and whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including rates for overtime,…
Whenever we bring up employment laws and related lawsuits that arise, our chiropractic clients often have two responses: (1) “I am a small employer and those laws don’t apply to businesses my size,” and (2) “my employees would never sue me.” Unfortunately, both theories are misguided. Most employment laws do apply to small employers, and…
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