On Friday October 2, 2015, Governor Jerry Brown signed AB 1506 into law, amending California’s Private Attorneys General Act (“PAGA”) to provide an employer the right to cure certain technical violations of the California Wage Statement Law (Labor Code § 226) before the employer can be sued. The law sets forth specific steps that must be taken before a technical violation can be cured.
Emily Burkhardt Vicente will present “Litigating Private Attorney General Act Claims in the Aftermath of Supreme Court Decisions” at the California State Bar’s Annual Meeting on Sunday, October 11, 2015.
Link to Sunday’s schedule here.
The Ninth Circuit ruled on Monday, September 28, that California Private Attorney General Act (“PAGA”) claims cannot be waived in employment arbitration agreements, following the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014). With this 2-1 ruling, the Ninth Circuit majority found that the Iskanian rule barring PAGA waivers is not preempted by the Federal Arbitration Act (“FAA”).
Hunton & Williams is pleased to announce the release of its newly designed and mobile-responsive Immigration and Nationality Law Blog, www.huntonimmigrationlawblog.com. “Our immigration law blog has been a valuable resource for US employers,” said Ian Band, who heads the firm’s immigration and nationality practice. “This new version of the immigration law blog offers our readers easier and instant access to information in real time, more interactive features and the opportunity for greater analysis and comment on developments in US immigration law.”
New York’s fast food workers won a major victory last month when the state’s Wage Board voted to recommend a substantial increase in their minimum wage.
California Governor Jerry Brown indicated in late August that he intends to sign into law a California Senate Bill aimed at further closing gender pay gaps in California. On August 31, 2015, the California State Senate unanimously passed the bill which aims to eliminate gender wage gaps in California by amending the California Equal Pay Act to prohibit employers from compensating employees at wage rates less than rates paid to employees of the opposite sex for “substantially similar” work. Governor Brown was presented with Senate Bill 358 (“SB 358”) in early September, and it is anticipated he will sign it soon.
President Obama signed an Executive Order on Monday, September 7, requiring federal contractors to provide paid sick leave to their employees, effective January 1, 2017. The Order requires federal contractors and their subcontractors to let employees earn at least one hour of paid sick leave for every 30 hours worked, up to 56 hours, or 7 days, of leave.
On September 10, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Final Rule implementing last year’s Executive Order 13665, which prohibits federal contractors from discharging, or discriminating against, any employee or applicant who “has inquired about, discussed, or disclosed” either their own compensation information or that of another employee or applicant.
A recent ruling from the National Labor Relations Board (NLRB) has broadened the standard for assessing joint-employer status under the National Labor Relations Act (NLRA).
With permission from Inside Counsel.