Class Waivers Must Be Arbitrated Individually

The Ninth Circuit recently found unenforceable a class (or “collective”) action waiver requiring employees to arbitrate their claims individually. In other words, requiring class action waivers as a condition of hire or continued employment violates the National Labor Relations Act (NLRA). The NLRA applies to both unionized and many private, non-unionized workforces and protects covered…

9th Circuit Scores One For Employers!

With the prevalence of class action lawsuits in an employee-friendly state like California, employers must be aware of proper time card rounding policies and what work is being conducted off the clock by their employees. The Ninth Circuit Court of Appeal recently issued a pro-employer decision approving the use of time card rounding and solidifying…

Independent Contractor vs. Employee Test

With the seemingly endless claims surrounding employee misclassification (think Uber, Lyft, and the now out-of-business HomeJoy), many employers are understandably cautious about how they classify their workers. Unfortunately, there is no single test that enables an employer to quickly or easily determine whether an individual can/should be hired as an independent contractor/consultant/freelancer or as an…

Substantial Changes to Anti-Discrimination and Harassment Policy Requirements Start April 1 for California Employers

2016 is a busy year in the often-changing world of California employment law. We have discussed many of the updates employers need to be aware of here (think minimum wage increase, the Fair Pay Act, changes to Unruh, and more). The newest change that California businesses need to be aware of involves changes to the…