When most people think of whistleblowers they probably picture “insiders” at companies that cheat the government. Indeed, the federal False Claims Act, a key whistleblower law, requires that information or evidence of fraud, waste or abuse come from an “original source.” But there’s no requirement that the original source be someone inside the company. Outsiders with the right information can blow the whistle, too. Indeed, in some situations, the best whistleblowers may be a law breaker's … [Read more...]
Employee noncompete agreements aren’t enforceable in California. That’s a good thing.
The New York Times recently published a series of exposes on how employers use non-competition agreements, or “noncompetes,” to prevent employees from making a living at other companies. According to the latest piece in the series, the use of noncompetes in the employment context has spread down the economic pyramid from executives and other high-level employees to blue-collar workers ranging from factory managers to sandwich makers earning $8 an hour to people who simply “dig dirt” for a … [Read more...]
Ninth Circuit upholds gender pay gaps based on prior salary. Here’s why they got it wrong.
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...]
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