The U.S. Supreme Court ruled in late March that plaintiffs may use statistical estimates to establish the commonality of their injury, a prerequisite to a court granting the plaintiffs the right to proceed as a class action. The 6-2 ruling is an important victory for all plaintiffs who rely on statistical samples to prove liability and damages. Justice Anthony Kennedy wrote the opinion for the Court, joined by Justices Ginsburg, Breyer, Kagan, Sotomayor and Chief Justice Roberts. In Tyson … [Read more...]
San Francisco Leads Way With Paid Parental Leave
Many San Francisco workers will receive their full salary for six weeks after the birth or adoption of a child, thanks to a new law passed by the San Francisco Board of Supervisors. San Francisco is the first city in the nation to mandate fully-paid parental leave. The San Francisco law closes the gap left by California’s parental leave mandate. Under California law, employees who have paid into the state disability insurance fund may take up to six weeks of leave to bond with a new child. … [Read more...]
California Employers Cannot Avoid Paying Overtime To Commissioned Employees By Shifting Timing of Commission Payments
California protects employee working conditions in the state through a broad set of laws, rules and regulations. California employers must pay their employees a minimum hourly wage and one-and-a-half times the minimum wage for overtime work of more than 8 hours in a day or more than 40 hours in a workweek. Certain exceptions apply to California’s overtime pay rules, however. One important exception is for employees who are paid a commission. This exception is spelled out in two different wage … [Read more...]
Feds take strong action to protect whistleblowers from overzealous confidentiality agreements
Many companies require their employees to sign confidentiality agreements that prohibit the employees from disclosing non-public information about the company to outsiders. In general, these confidentiality agreements aim to protect a company’s proprietary information that gives it an advantage over its competitors; things like trade secrets, inventions, customer lists and strategic plans. Recently, however, a growing number of companies have included language in their confidentiality … [Read more...]
California Mandates Paid Sick Leave for Most Employees
With some limited exceptions, California employees are now entitled to accrue and take paid sick leave. California is the second state in the nation to mandate paid sick leave for its employees; Connecticut was the first. But unlike in Connecticut, California’s new paid sick leave law applies to employers of every size. Here’s how California’s new paid sick leave law works: To accrue paid sick leave with a particular employer, an employee must work for at least 30 days in a twelve-month period … [Read more...]