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BT Currents - Hot Topics in Employment Law

05 Apr Ok…Are You Sitting Down?

More than five years ago, the California plaintiffs’ bar launched a series of lawsuits against various retailers alleging that they were violating a part of the California wage orders that require suitable seating to be available to workers. For the mercantile industry, the regulations require:   (A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.   (B) When employees are not engaged in the active duties of their employment and the nature…

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30 Nov Bad Moon On The Rise: California’s New Fair Pay Act

  Decrying a gender wage gap, the California Legislature has enacted amendments to the state’s pay equity law that could potentially rewrite how pay discrimination cases are litigated in the Golden State. Prior law was modeled after the Federal Equal Pay Act, wherein an employer could look at the incumbents holding the same positions to assess whether men and women are paid equally, taking into account skill and experience. That regime proved too straight forward for Californians.   In its place the legislature has enacted…

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14 Jul 9th Circuit Rules that the FAAAA Does Not Preempt California Meal and Rest Period Laws

  In a set back for motor-carrier industry employers in California, the 9th Circuit ruled on Wednesday, July 9, 2014, that the Federal Aviation Administration Authorization Act (the FAAAA) does not preempt California meal and rest break law. In Dilts v. Penske Logistics,  a three member panel of the  9th Circuit overruled a lower court that had found that the FAAAA, which provides “States may not enact or enforce a law . . . related to a price, route or service of any motor carrier . ….

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30 Jun Breaking News: Supreme Court curtails ACA contraceptive mandate

  Supreme Court curtails ACA contraceptive mandate. More complete report can be found here.       Scott WitlinScott J. Witlin is a partner in the Los Angeles office of Barnes & Thornburg and a member of the firm’s Labor and Employment Law Department and the Entertainment and Music Practice Group. Mr. Witlin handles traditional labor and employment matters, including arbitrations, collective bargaining negotiations, compliance with various guild and union agreements, and union organizing campaigns. He represents clients in the entertainment and broadcasting, video game,…

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24 Jun California Supreme Court Provides Sweeping Class Waiver Guidance: Accepts Concepcion, Overturns Gentry; Rejects D. R. Horton Theory; Leaves PAGA Loophole

  On June 23, 2014, the California Supreme Court issued its much-anticipated arbitration decision in Iskanian v. CLS Transportation Los Angeles, LLC (Iskanian).  In a far-reaching opinion, the Court accepted the decision of the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion (Concepcion) holding class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). This part of the opinion was a victory for California employers in that it overturned a prior California Supreme Court decision, Gentry v. Superior Court that…

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