What's New - Rediger Labor Law

09 Mar Three-Year Statute of Limitations Applies to a Willful Refusal to Pay Overtime Under FLSA

Posted at 07:00h in Employment Law

On March 2, 2020, the U. S. Court of Court of Appeals for the Ninth Circuit in Scalia v. Employer Solutions Staffing Group, LLC, et al. affirmed a district court’s summary judgment in favor of the U. S. Secretary of Labor against ESSG in an...

02 Mar NLRB and DOL Issue New Rules For Determining “Joint Employer” Status

Posted at 10:23h in Labor Law

On February 26, 2020, the National Labor Relations Board issued a final rule regarding whether two entities will be considered a joint employer, restoring its pre-2015 standard, and providing greater precision, clarity, and detail by using its rulemaking power. The Board’s new rule becomes effective...

18 Feb Time Spent Waiting for Required Exit Search Is Compensable Under California Law

Posted at 07:00h in Employment Law

On February 13, 2020, the California Supreme Court in Frlekin v. Apple Inc. held that time spent by employees on their employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought to work purely for personal convenience...

05 Feb Federal Judge Issues Preliminary Injunction Prohibiting Enforcement of AB 51 Regarding Mandatory Arbitration Agreements

Posted at 10:06h in Employment Law

On January 31, 2020, Judge Kimberly Mueller of the United States District Court for the Eastern District of California issued a minute order granting a motion for a preliminary injunction prohibiting the State of California from enforcing Assembly Bill No. 51. AB 51 prohibits employers...

15 Jan Courts Block Enforcement of AB 5 as to Truck Drivers and AB 51 Prohibiting Mandatory Arbitration Agreements

Posted at 11:15h in Employment Law

On January 8, 2020, a California Superior Court judge entered an order in California v. Cartage Transportation Express stating that the ABC Test set forth in the California Supreme Court’s Dynamex decision, and the recently enacted Assembly Bill No. 5, run afoul of the Federal...

23 Dec NLRB Issues Several Rulings Favorable to Employers

Posted at 06:00h in Labor Law

The National Labor Relations Board is a federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages, hours and working conditions. In December 2019, the Board issued several decisions, and announced a rule...

16 Dec Lawsuit Seeks to Prevent Enforcement of California’s Anti-Arbitration Law

Posted at 12:17h in Employment Law

On December 6, 2019, several business organizations filed a lawsuit in the U.S. District Court for the Eastern District of California challenging the legality of Assembly Bill No. 51. AB 51 generally prohibits employers from requiring applicants and employees to enter agreements that require the...

10 Dec Overtime Rules Change in the Agricultural Occupations on January 1, 2020

Posted at 06:00h in Employment Law

In 2016, Assembly Bill No. 1066 created a timetable for agricultural workers to receive overtime compensation. Effective January 1, 2020, agricultural employees who work for employers with 26 or more employees must receive premium pay for all hours worked over 9 hours in a workday...

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