The Stoel Rives Labor & Employment Law Blog
In Jennifer Augustus v. ABM Security Services, Inc., the California Supreme Court determined that employers are prohibited from implementing “on-call” rest breaks. This holding led the Supreme Court to reinstate an approximately $90 million judgment against the defendant employer.
The plaintiff in Augustus worked as a security guard for defendant. Plaintiff’s lawsuit alleged that…
The Department of Labor’s controversial rule that required “white collar” employees to be paid at least $47,476 per year in order to be exempt from the Fair Labor Standards Act will NOT go into effect on December 1, 2016 as planned (we wrote about the rule here). A Texas federal judge on Tuesday agreed with 21 states that a nationwide preliminary injunction was necessary to prevent irreparable harm to states and employers if the rule went into effect on December 1.
What does this mean for employers now?
Continue Reading Breaking News: DOL Salary Rule Blocked By Federal Judge
In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with Republicans maintaining control of Congress, employers could see a lot of changes in the next couple of years. Our experts weighed in with their thoughts on how different areas of labor and employment law may be affected.
Continue Reading Labor & Employment Law Under President-Elect Trump
On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California.
California law defines employees “employed in an agricultural occupation” broadly to include any employment relating to the cultivation or harvesting of agricultural commodities; the raising, feeding, and management of livestock; or the maintenance and improvement of a farm and/or farm equipment. Prior to the signing of AB 1066, such employees were entitled to time-and-a-half pay after working 10 hours in a day or 60 hours in a week. This is substantially different from the overtime laws for other California employees, where overtime pay typically kicks in after eight hours in a day or 40 hours in a week.
Continue Reading Expanding Overtime to Farmworkers: Will California Start a Trend?
We knew it was coming, and – while business groups fought hard against it – the much-anticipated Department of Labor Final Rule regarding “white collar” exemptions from minimum wage and overtime requirements is now a reality. The rule, announced by the White House on Twitter last evening, imposes a major increase in the salary threshold…
On May 2, 2016, The U.S. Supreme Court declined to hear the legal challenge to the Seattle Minimum Wage Ordinance’s impact on Seattle franchisees (IFA v. Seattle–denial of cert). We have blogged about Seattle’s Minimum Wage Ordinance (“Ordinance”) before. The Ordinance requires large businesses, defined as those with more than 500 employees, to…
Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland Raiders owner Al Davis allegedly bugged locker rooms, watered down fields, and spied on other teams using a helicopter. Such extreme shenanigans are…
As we’ve previously blogged, for several years the Obama Administration has been on a calculated campaign to increase unionization in America. Federal agencies, particularly that National Labor Relations Board, have been systematically changing longstanding rules to make it more likely that unions can prevail in election representation campaigns. We previously blogged about two earlier key components of this campaign: the revised rules from the NLRB approving “quickie” union elections on dramatically shortened time frames; and even earlier efforts to allow unions to designate “micro-units,” increasingly small groups of employees so that unions may narrowly focus their organizing efforts. Now, in the twilight of the Obama Administration, the final effort in the campaign to increase unionization has just been announced: the Department of Labor has finally issued its long threatened regulations that would dramatically narrow the scope of confidential advice employers can receive when dealing with union organizing campaigns.
Continue Reading The Third Shoe Drops: The Department of Labor Issues Revised “Advice” Regulations
Oregon employers should all be aware that Oregon’s new Paid Sick Leave (PSL) law goes into effect on January 1, 2016. We originally reported on the the PSL law’s requirements in July of this year.
Late yesterday, the Oregon Bureau of Labor and Industries (BOLI) published its final rules implementing Oregon’s PSL law: download…
Stoel Rives labor and employment attorney Adam Belzberg and water resources attorney Wes Miliband were quoted in a Society for Human Resources Management (SHRM) article titled “California Drought Has Wide-Ranging Effects in Business Community.” The article examines the effects of California’s long-lasting drought on the state’s job market, specifically on the agricultural and…
