The U.S. Court of Appeals for the Ninth Circuit dealt a setback to gender pay equity with its recent decision in Rizo v. Yovino, No. 16-15372 (9th Cir. April 27, 2017). In Rizo, the court held that previous salary alone can be “a factor other than sex” for purposes of the Equal Pay Act. As a result, workplace gender gaps are permissible even if the gap is solely caused by employees’ pay at previous jobs. Under the Equal Pay Act, 29 U.S.C. § 206(d), employers must pay men and women the same … [Read more...]
California judge seeking more information on whether Instacart class action settlement a ‘good deal’
Grocery delivery service Instacart agreed last month to settle for $4.6 million a class action lawsuit file by its “shoppers” alleging that it had misclassified as independent contractors when they were actually employees. But the California judge overseeing the case has put the settlement on hold as the court seeks clarification from the parties—as well as from other Instacart shoppers in the Northeast arbitrating similar claims against the company—on the specifics of the deal. The class … [Read more...]
California court affirms commissioned employees’ right to paid rest breaks
A recent California labor law decision confirms that even commissioned employees must be paid specifically for rest breaks. In Vaquero v. Stoneledge Furniture, the California Court of Appeal held that employers must separately compensate commissioned employees for paid rest breaks required by state laws and regulations. Compensation schemes that fail to do so violate California law and can leave employers exposed to class-action lawsuits from employees. In Vaquero, commissioned former … [Read more...]
New California law will close huge employee protection loophole, bring corporations to heel
California has famously strong worker protection laws. But every day, big companies regularly sidestep those laws with impunity by forcing employees to sign away the right to sue the employer in California or under California law. Now, with the passage of a new section of the state’s Labor Code, California is sending those companies a clear message: We won't let you get away with it any longer. Newly added Labor Code section 925 prohibits employers from requiring employees who primarily reside … [Read more...]
New California laws target racial pay gap, historical wage discrimination
One year ago, California made groundbreaking amendments to its Fair Pay Act as issues of pay equity and the gender pay gap rose to national prominence. Now, two new amendments to the Fair Pay Act will extend the law’s coverage to address race- and ethnicity-based wage inequity and attempt to undo the effects of decades of pay discrimination. One amendment, Senate Bill 1063, makes it a criminal misdemeanor for an employer to pay employees of one race or ethnicity less than it pays employees of … [Read more...]
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