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 California 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 … [Read more...]
Working for Free: Tide Slowly Turning for Long-Exploited Interns and Trainees
Getting a foothold in a new career takes dedication and sacrifice. In many fields it’s expected that new entrants will pay their dues—often, ironically enough, by working for free. While unpaid interns and trainees often do get valuable experience and may even advance their careers, the real winners in these arrangements have always been employers. For decades, entire industries have built their economics on the backs of newcomers who have no choice but to work for free in exchange for necessary … [Read more...]
In Major Employee Victory, 9th Circuit Invalidates Mandatory Concerted Action Waivers
Employees cannot be forced to waive their right to pursue collective legal action as a condition of employment, the US Court of Appeals for the Ninth Circuit held last week. In Morris v. Ernst & Young, the Ninth Circuit declared that engaging in concerted activity is a "core right" guaranteed to employees under the National Labor Relations Act. "This case turns on a well-established principle: employees have the right to pursue work-related legal claims together,” Chief Judge Sidney R. … [Read more...]
Waiving the Right to Arbitration: Ninth Circuit Denies a Company Its Arbitration Do-Over
Broad arbitration agreements unfairly rob employees and consumers of their day in court against corporations that have wronged them. By invoking an arbitration agreement early in litigation—often before a plaintiff can obtain critical incriminating evidence through the discovery process—a company can rip a case from the judge and instead compel the plaintiff to bring it before a corporation-friendly arbitrator. But sometimes defendants try to “have their cake and eat it, too,” choosing to … [Read more...]
Overtime Salary Threshold: Will You Be Entitled to Overtime Pay?
If you’re a salaried store manager, administrative assistant, or other “white collar” employee, chances are your employer doesn’t pay you overtime—no matter how many hours you work in a given week. But new federal rules that take effect this December will raise the overtime salary threshold and force employers to start paying overtime to millions more salaried white collar workers. Will you be one of them? Federal law requires that most employees get paid at time-and-a-half if they work more … [Read more...]
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