California Employment Law Update

Tag Archives: backpay

September 2018 California Employment Law Notes

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

Member Of Tribe Could Proceed With Whistleblower Suit

The Chippewa Cree Tribe of the Rocky Boy’s Reservation v. United States Dep’t of the Interior, 2018 WL 3978542 (9th Cir. 2018) Ken St. Marks, a member of the Chippewa Cree Tribe, informed the United States Department of the Interior (the “Department”) that he believed members of the Tribe’s governing body were misusing federal stimulus … Continue Reading

Employer Of Piece-Rate Employees May Assert Safe-Harbor Defense

Jackpot Harvesting Co. v. Superior Court, 26 Cal. App. 5th 125 (2018) Labor Code Section 226.2, which became effective Jan. 1, 2016, addresses the manner in which piece-rate employees are to be compensated for rest and recovery periods and other non-productive time on the job (“rest/NP time”).  The Court of Appeal held that an employer … Continue Reading

Undocumented Alien Is Not Entitled To Backpay Award Under NLRA

Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) The employer in this case, Hoffman Plastic Compounds, Inc., was found to have violated Section 8(a)(3) of the National Labor Relations Act (NLRA) when it selected four known union supporters for layoff. During a compliance hearing before an Administrative Law Judge (ALJ), one of the … Continue Reading
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