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BT Currents - Hot Topics in Employment Law

19 Jan The Death of PAGA Claims at the Hand of Individual Settlements

  Employers who are facing wage and hour lawsuits which include a Private Attorney General Act[1] (PAGA) claim would be happy to know that on December 29, 2017, an appellate panel determined that any plaintiff who settled his/her individual claims is subsequently barred from continuing with a claim under PAGA.   A three-judge panel for the California Court of Appeal for the Second Appellate District affirmed a 2016 ruling issued by Judge Kenneth R. Freeman of Los Angeles Superior Court that awarded summary judgment to…

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06 Jul A Welcome Move for Employers – Department of Labor Re-Establishes Wage and Hour Opinion Letters

  Last week, Alexander Acosta, U.S. Secretary of Labor, announced that the U.S. Department of Labor will reinstate the issuance of opinion letters. This move will allow the Department of Labor’s Wage and Hour Division to once again use opinion letters as a way to provide direction to covered employers and employees.   According to the Department of Labor’s news release, “[a]n opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented…

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21 Jun California Supreme Court Clarifies Day-of-Rest Statutes

  The California Supreme Court recently clarified a question plaguing many California employers. Last month, the U.S. Court of Appeals for the Ninth Circuit asked the Supreme Court of California to address several unresolved questions concerning the construction of California’s day-of-rest statutes.   California Labor Code Sections 550–558.1 prohibit an employer from “caus[ing] his employees to work more than six days in seven” (§ 552), but do not apply “when the total hours of employment do not exceed 30 hours in any week or six…

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19 May Current Administration Considers EEOC and Labor Department Subagency Merger

  The Trump administration is reportedly considering a potential merger between the Equal Employment Opportunity Commission (EEOC) and a Labor Department subagency that enforces nondiscrimination requirements and affirmative action on government contractors.   The recommendation to merge the two entities originated from The Heritage Foundation, a Washington-based conservative research think tank. In its report, “Blueprint for Reform: A Comprehensive Policy Agenda for a New Administration in 2017,” The Heritage Foundation previously called for a complete phasing out of the Department of Labor’s Office of Federal…

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06 Apr Lesson: Don’t Underestimate Court’s Ability to Change Its Mind Minor Leaguers’ Wage Suit Gets Certified and Comes Back From the Dead

  While Major League Baseball (MLB) can celebrate its new season, which began on April 2, the last pitch has yet to be thrown when it comes to addressing a minimum wage and overtime lawsuit filed by thousands of minor league players.   A lawsuit filed by a class of thousands of Minor League Baseball (MiLB) players in February 2014, which is part of a feeder system into MLB clubs, claims that minor league ballplayers are not paid the proper minimum wage or overtime. The…

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