Los Angeles (LA) Mayor Eric Garcetti has issued an emergency order modifying the City’s recently passed COVID-19 supplemental paid sick leave requirements.  The prior ordinance, adopted on March 27, 2020, by the LA City Council, had required LA employers with 500 + employees nationally, to provide up to 80 hours of supplemental paid sick leave.  In a nod to the instrumental role employers will play in the City’s revival in the aftermath of the coronavirus crisis, Mayor Garcetti modified the paid leave requirements in a number of key ways.
Continue Reading COVID 19: Mayor Modifies Prior City of Los Angeles Paid Sick Leave Obligations, Narrowing and Clarifying Requirements

In the face of unprecedented challenges due to COVID-19, employers have been forced to balance the need to mitigate current health risks against the need to protect their future financial viability.  Last week, the Los Angeles City Council made navigating that balance more difficult for some employers.
Continue Reading COVID 19: City Of Los Angeles Imposes New Paid Sick Leave Obligations on Employers With 500+ U.S. Employees

The Ninth Circuit recently overturned a district court’s grant of class certification on a wage statement claim under California Labor Code §226 because there were no “real-world consequences” stemming from the alleged misidentification of the employer’s name on the wage statement.
Continue Reading Ninth Circuit Strikes Down California Wage Statement Class Action for Plaintiff’s Failure to Show “Real World Consequences” to Establish Standing

The CDC has recommended temperature checks for workers in some counties.  Governors are beginning to make the same recommendation.  This step already is in place for many healthcare workers.  Now, employers in other industries are considering whether they should conduct temperature checks on employees who are reporting to work and send them home to avoid possible spread of the virus on the employer’s premises.  
Continue Reading COVID-19 and Employee Temperature Screenings – What Employers Need to Know

COVID-19 has disrupted the global economy and employers may soon face the need to reduce expenses associated with exempt employees. Employers can place exempt employees on furlough, or, in some cases, reduce salaries and hours, without jeopardizing the FLSA exemption, but exceptions may need to be made for certain employees on work-authorized visas.
Continue Reading Reducing Exempt Employee Payroll in Response to Coronavirus Uncertainty

In an effort to prevent the spread of Covid-19, many employers are permitting, and in some cases requiring, employees to work from home. One unforeseen consequence of requiring employees to work from home is some jurisdictions mandate that employers reimburse their employees for certain expenses incurred as a result of their employment. Accordingly, employers may be required to reimburse employees for reasonable expenses they incur for equipment and services necessary to work from home, such as cell phone, internet, and computer usage expenses.
Continue Reading Employers Must Consider Expense Reimbursement for Employees Working at Home Because of COVID-19

The US Chamber of Commerce, along with two other business-oriented groups, recently filed an amicus brief urging the Ninth Circuit to overrule a $102 million judgment against Wal-Mart.
Continue Reading The US Chamber of Commerce Slams Controversial Hundred Million Dollar Award Against Wal-Mart in Wage Statement Dispute

Recently, a California Appellate Court held that underwriters at Lloyd’s of London must defend the owner/operator of hundreds of Pizza Hut and Wing Street restaurants in a putative employee class action accusing the company of labor law violations, finding that an employment practices liability insurance policy’s “wage and hour” exclusion must be construed narrowly to bar coverage only for claims related to “laws concerning duration worked and/or remuneration received in exchange for work.” In doing so, the court made clear that “wage and hour” exclusions do not preclude coverage for claims that go beyond the employee’s actual remuneration received in exchange for work.


Continue Reading Insurance Win for Wage and Hour Defense Highlights Need to Scrutinize EPLI Coverage Denials

Earlier today, the United States Department of Labor announced a long-awaited final rule to take effect on January 1, 2020 updating the earnings threshold to $35,568 necessary for employees to qualify for the Fair Labor Standards Act’s “white collar” exemptions.   The DOL estimates that 1.2 million additional workers will be entitled to minimum wage and overtime pay as a result of this increase in the salary basis.
Continue Reading Breaking News: DOL’s Final Overtime Rule Sets Salary Threshold at $35,568 for FLSA’s White Collar Exemptions