Legal News

After years of uncertainty, on September 24, 2019, the Department of Labor released a Final Rule making changes to the Fair Labor Standards Act (“FLSA”) overtime regulations. BACKGROUND - Since 2004, there had been no significant changes in the...By: Sheppard Mullin Richter & Hampton LLP

On September 13, 2019, the California Senate and Assembly unanimously passed an amendment to the California Consumer Privacy Act (“CCPA”) that places onerous obligations on employers and entitles employees to statutory damages for data breaches. The...By: Sheppard Mullin Richter & Hampton LLP

One of the amendments we’ve been watching over the past months is one that impacts rights of employees -both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting governor signature, companies...By: Sheppard Mullin Richter & Hampton LLP

On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. In Dynamex, the California Supreme Court adopted the so-called “ABC” test to determine coverage under...By: Sheppard Mullin Richter & Hampton LLP

On Monday, August 8th, the Deputy Director of Legislative Affairs of the Department of Managed Health Care (the “Department”) released a letter of opposition (the “Letter”) to Assembly Bill 1249 (“AB 1249”). The Letter was addressed to Brian...By: Sheppard Mullin Richter & Hampton LLP

On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay to their employees in Washington state. In a 6-3 decision, the Washington Supreme Court held in Sampson v....By: Sheppard Mullin Richter & Hampton LLP

While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative. Under the law and absent some compelling reason for not doing so, NLRA...By: Sheppard Mullin Richter & Hampton LLP

Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their employers and increase...By: Sheppard Mullin Richter & Hampton LLP

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the Agency is cranking out...By: Sheppard Mullin Richter & Hampton LLP

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the National Labor Relations Act...By: Sheppard Mullin Richter & Hampton LLP