Tag Archives: CMCP

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump Administration Stalls

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA requires the employee to be employed in a bona fide executive, administrative, or professional capacity. Although the FLSA does not set a minimum white collar salary level, the Department of Labor (“DOL”) previously issued regulations requiring, among other things, that an employee meet a minimum salary threshold to qualify for the exemption.

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An Overview of Ban the Box Laws in California

Individuals with criminal records unquestionably have a more difficult time obtaining gainful employment than individuals without criminal records. In fact, in a 2007 study, only approximately 40 percent of employers in four major metropolitan areas reported that they would “definitely” or “probably” hire applicants with a criminal history.1 In the same study, which also looked at the rates of “call backs” or job offers for applicants with different demographics, job offers for whites with criminal records fall by about half, and are reduced by that much or more for black ex-convicts.2

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What’s in a name? A battle for a transgender immigrant’s rights

While the United States continues to grapple with transgender rights—including the right to restroom access—transgender individuals across the globe often face severe persecution and torture on account of their gender identity. One difficulty transgender people encounter both domestically and abroad concerns the ability to ensure that their official documents bear the chosen names that match their gender. When trans immigrants seek to have their cases heard in U.S. immigration courts, it is important—but not always easy—to ensure that orders affecting their rights include both the name they were given at birth and the name that corresponds with their gender.

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California & the Federal Government Expand Laws to Eliminate Wage Disparity

California state legislature amended the Fair Pay Act to prohibit race and ethnicity-based wage differentials and to preclude employers from relying on salary history to justify the wage gaps. In addition, the U.S. Equal Employment Opportunity Commission (“EEOC”) finalized Regulations to require employers to collect and include wage data in EEO-1 Reports.

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CFPA’s Anticipated Effect on Litigation

In our Winter 2015 E-Newsletter, we discussed the California Fair Pay Act (“CFPA”), which became effective January 1 of this year.  That article summarized the CFPA and how it amends section 1197.5 of the California Labor Code.  Section 1197.5, which was enacted in 1949, prohibits employers from paying employees  “less than employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.”  In this article we discuss the CFPA’s anticipated effect on litigation.

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Update regarding Uber Drivers – Litigation over Employment Status averted by Settlement

In the Fall 2015 issue of our newsletter included an article about Uber, and how it classifies drivers providing services using its online “service on demand” platform. As reported in that article, the California Labor Commissioner’s Office, following an administrative hearing in Berwick v. Uber Technologies, Inc., rejected Uber’s position that the drivers were independent contractors, and found instead that they are employees. Although Uber appealed the case to the California Superior Court, the question argued before the court was not whether the plaintiff was an employee but whether an agreement she signed with Uber required her to submit her dispute to arbitration. The trial court decided that question against Uber, and the matter is now pending before a First District Appellate Court.

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Using the New Defend Trade Secrets Act to Protect Confidential Business Information

On May 11, 2016, President Obama signed into law the first federal trade secret law, the “Defend Trade Secrets Act of 2016” (DTSA), which is similar to the Uniform Trade Secret Act that many states have adopted, but also broadens available venue and remedies to protect trade secrets. (See “The New Federal Trade Secret Act and What It Means to Your Business,” published by NAMWOLF).

With this expansion, now is a good time to reassess what you can do to protect your company’s trade secrets. Implementing the following best practices will help to safeguard against trade secret misappropriation, as well as ensure you have the most available remedies available in the unfortunate event of misappropriation.

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