Supreme Court Declares Class Waivers in Employment Agreements Legal, But is it Really a Win for Empl

One of the most important employment law Supreme Court decisions in years has come down recently in the landmark case, Epic Systems Corp. v. Lewis 584 U. S. ____ (2018). A sharply divided Court held that employers may require employees, as a condition of employment, to enter into arbitration agreements that contain class action or collective action waivers. The questions that led to the decision was, whether class waivers violate the National Labor Relations Act ("NLRA") and whether such agreements are fully enforceable. Certain exceptions apply, but for the most part the decision removes the last potential legal barrier to the enforcement of class waivers in employment contracts, holding th

The "ABC" Test

California’s New Independent Contractor Test: The “ABC” Test On April 30, 2018, the California Supreme Court handed down its long-awaited ruling in Dynamex Operations West, Inc. v. Superior Court, addressing the test for determining whether an individual worker should properly be classified as an employee or, instead, as an independent contractor. The decision stands out significantly for its extreme importance for workers, businesses, and the public generally. The matter of classifying a worker as independent contractor, as opposed to a direct employee, affects employers’ responsibility of paying Social Security and payroll taxes, unemployment insurance taxes, and providing worker’s compens

Equal Pay Act: Ninth Circuit Decision Delivers Warning to Employers Making Salary Decisions Based on

Last week, the Ninth Circuit Court of Appeals issued an important decision in the case of Rizo v. Yovino, No. 16-15372 (9th Circ. Apr. 9, 2018) addressing the question of whether an employer may use an employee's prior salary history to justify gender pay disparity under the federal Equal Pay Act. In short, the Court’s answer was, no! Aileen Rizo was hired as a teacher by the Fresno County School District in 2009. Previously, Rizo had earned a salary of just over $50,000 per year. The County utilized its standard method of determining her salary by taking her prior salary, adding 5%, and placing her in the corresponding step of their standard salary schedule, which awarded her the lowest po

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