The California Supreme Court issued a decision Monday in a case that is sure to cause headaches for employers when compensating employees through flat sum bonuses.  In Alvarado v. Dart Container Corporation of California (S232607) the Court held that for purposes of calculating the regular rate, a flat sum bonus is to be allocated only to the nonovertime hours worked. This holding departs from the calculation methods broadly considered compliant outside of California under the Fair Labor Standards Act (“FLSA”) and regulations issued by the U.S. Department of Labor.

Continue Reading New Headaches For California Employers On Overtime Calculations

California Employers 2018
The new year brings new laws for California employers to grapple with. Below we highlight the most significant new employment laws affecting California employers as of January 1, 2018.  Companies based in California or with operations in California are encouraged to review their policies and procedures in light of these developments.

Continue Reading California Employers: Are You Compliant with 2018’s New Laws?

On Friday, January 5, 2018, the U.S. Department of Labor (“DOL”) posted a brief statement and updated its Fact Sheet on Internship Programs Under the Fair Labor Standards Act to clarify that going forward, it will use the “primary beneficiary” seven factor test for distinguishing bona fide interns from employees under the FLSA.  The DOL’s approach is consistent with the test adopted by appellate courts such as the Second and Ninth Circuits.

Continue Reading DOL Abandons Six-Factor Intern Test and Adopts More Flexible “Primary Beneficiary” Test

Allegations of sexual harassment have been flooding the news headlines lately. Partners Emily Burkhardt Vicente and Amber Rogers discuss how these trends may impact employers and identify common sense strategies for minimizing the risk of harassment claims in the workplace. View the 5-minute video here.

Hiring overseas employees is a complex issue, with many rules and laws to navigate. Hunton & Williams partners Tom Murphy and Emily Burkhardt Vicente discuss the labor and employment considerations that companies should keep top of mind when thinking about hiring workers outside of the United States. View the 5-minute video here.

Imagine that you are a company with two openings for the same position.  After selecting the two most qualified candidates, you offer each candidate a salary equal to his or her prior salary, plus 5%, pursuant to your established policy for setting new hire salaries.  On its face, your policy has nothing to do with sex, but does it violate the Federal Equal Pay Act?  This was the issue addressed by the Ninth Circuit Court of Appeals in the recent decision Rizo v. Yovino, No. 16-15372, slip op. at 11–12 (9th Cir. Apr. 27, 2017).

Continue Reading Ninth Circuit Holds Prior Salary Is A “Factor Other Than Sex” Under Equal Pay Act

Beginning next week, on March 13, 2017, San Jose employers must offer existing part-time employees additional work hours before hiring any temporary, part-time, or new worker. This is a result of a vote last fall by voters in San Jose, California who approved “The Opportunity to Work Ordinance” (Ordinance No. 2016.1, codified at Chapter 4.101 of the San Jose Municipal Code) – a local measure that directs employee hours and hiring practices.

San Jose’s Office of Equality Assurance, the local agency tasked with monitoring, investigating, and enforcing the Ordinance, recently issued its Opportunity to Work FAQs, which provides additional guidance on how employers can comply with the new ordinance.  Following more comprehensive scheduling ordinances passed in San Francisco and Emeryville last year, San Jose is the third northern California city to enact a scheduling ordinance.

Continue Reading San Jose Joins the Growing List of Cities Regulating Employee Hours

Government agencies like the SEC are challenging what have long been standard provisions in separation agreements. Hunton & Williams LLP partners Kevin White and Emily Burkhardt Vicente discuss those challenges and provide tips for companies on revising their standard agreements to mitigate against them. View the 5-minute video here

Government agencies like the SEC are challenging what have long been standard provisions in separation agreements. Hunton & Williams LLP partners Kevin White and Emily Burkhardt Vicente discuss those challenges and provide tips for companies on revising their standard agreements to mitigate against them. View the 5-minute video here