Establishing and Reviewing a Nonexempt Employee Timekeeping System

Federal and state laws require that employers pay employees for all hours worked. The Fair Labor Standards Act (FLSA) defines “hours worked” broadly to include (a) all time during which an employee is required to be on duty, on the employer’s premises, or at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work, whether or not the employee is required to do so. When employees file claims for unpaid time worked, the burden is on the employer to show that all work hours have been properly recorded and paid.

Beware the BOFE Investigation

Beware the Bureau of Field Enforcement (BOFE) investigation in 2018. The California Labor Commissioner’s Office has ramped up investigations by its BOFE unit to enforce wage and hour compliance. The Bureau investigates complaints and takes enforcement actions that can include audits of a company’s payroll records and workers’ compensation insurance coverage, and the issuance of citations for violations of California Labor Code sections.

How to Comply With California’s New Requirement to Provide Anti-Harassment Training on Gender Identity, Gender Expression, and Sexual Orientation

On October 15, 2017, Governor Brown signed Senate Bill 396, a new law that requires employers in California with 50 or more employees to provide training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation. This training is to be provided as a component of the already-required two-hour sexual harassment training provided to supervisory employees once every two years and within six months of an employee’s assumption of a supervisory position.

How to Be Ready When the EEOC Charges In, Part II: 5 Harassment Prevention Principles to Highlight in a Response

In part one, of this blog series on responding to charges brought by the Equal Employment Opportunity Commission (EEOC), I described some situations that pose an increased risk of a systemic harassment investigation by the EEOC in response to an individual harassment charge. Usually, when responding to the EEOC, employers can provide a precise and limited response that includes only the most essential supporting documents.

How to Be Ready When the EEOC Charges In

It’s one of those days. An envelope containing a charge from the U.S. Equal Employment Opportunity Commission (EEOC) arrives on your desk. The charging party is a recently departed employee, and it’s the company’s first notice of the complaint. The former employee checked the harassment box (but no others), alleging that she had been sexually harassed by a supervisor on two occasions. There is no mention of witnesses and it seems as if it could be an isolated matter. Will the EEOC agree?  

FAAAA Preemption Continues to Zigzag Through California Courts

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In general, federal preemption refers to the displacement or invalidation of a state law when it conflicts with federal law…..

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

Wanke, Industrial, Commercial, Residential, Inc. v. Superior Court, 2012 WL 4711888 (Cal. App. 4th, Oct. 4, 2012): In Wanke, the appellate court affirmed that under some circumstances, a company’s customer list can qualify as a trade secret. Two former employees of Wanke, Industrial, Commercial, Residential, Inc. who had signed confidentiality agreements with the company as

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

Under California’s trade secret laws, a trade secret is information that (a) is not generally known in the industry, to the public, or to others who can realize economic value from its disclosure or use; (b) has independent economic value that derives from its secrecy; and (c) is subject to…..

Federal Preemption of Meal and Rest Breaks is Gaining Steam

In a significant decision for transportation companies operating in California, a federal district court judge recently dismissed putative class claims brought by truck drivers who alleged meal and rest break violations under California law. In Cole v. CRST, Inc., 2012 WL 4479237 (C.D. Cal. Sept. 27, 2012), Judge Virginia A. Phillips…..