Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al., No. 16-307 (May 21, 2018).
As employers with operations in the state are well aware, California is one of the most challenging regulatory environments for organizations, particularly with respect to employment law. We recognize the need for specialized California advice and counsel and have a dedicated team of attorneys in five regional offices who provide employment law services to clients in a wide range of industries throughout the state. We have prepared this Guide to California-Specific Employment Law Issues as a starting point for employers looking for an overview of some of the unique aspects of California law. We hope you find this resource useful as you navigate the complexities of California’s employment laws.
After years of litigation, including two trips to the U.S. Supreme Court, on whether service advisors who work in an automobile dealership are exempt from overtime under the Fair Labor Standards Act (FLSA), the Court finally has held, in a 5-4 decision, that service advisors are exempt from overtime under the “automobile dealer” exemption applicable to salesmen, partsmen, and mechanics. Encino Motorcars, LLC v. Navarro, 2018 U.S. LEXIS 2065 (Apr. 2, 2018). But the case has implications far beyond the industry-specific exemption.
With effect from 6 April 2019 all workers (not just employees) will have the right to be given a written itemised pay statement at or before the time at which any payment of wages or salary is made to them, to help workers establish whether they have been paid correctly.
Businesses across Europe have been reviewing and preparing for the change in data protection laws in every area where they gather and process personal data. In the UK, the Data Protection Bill, taken together with the GDPR, will form the basis of the rules to which businesses operating in the UK must adhere. Clyde & Co Employment team have prepared an article aimed particularly at HR departments and employment in-house counsel and sets out the 10 key questions which employers should be asking themselves to help prepare for the introduction of GDPR.
Compensation awarded by an Employment Tribunal for breach of discrimination laws will usually include an award for injury to feelings. The Tribunals have set out guidance on how much should be awarded, depending on the seriousness of the breach. These so called “Vento” bands have been updated for claims presented on or after 6 April 2018.
The High Court has dismissed a claim for negligent misstatement brought by an employee against his employer after the reference which it issued contained opinions formed following an investigation into the employee’s conduct.
In a claim against Nottingham City Council following an enforced pay freeze, the Court of Appeal (the UK’s second highest court) found the employees had not accepted new terms relating to pay. Continuing to work without protest after the freeze took effect was ambiguous and did not necessarily imply acceptance of the new terms.
Where an employee is dismissed on written notice posted to his or her home address, does their notice period start to run from the date the letter was delivered, or from when he/she has read it or had a reasonable opportunity to do so? The Supreme Court (the UK’s highest court) has decided that it is the latter.
An employee received payments from a party other than the employer stipulated in the employment agreement. The employee was deemed to have justified reasons to perceive the party paying the salary as the employer and thus the right party against which an action for damages could be brought.