Employment Updates
New Form I-9 Is Mandatory Starting May 7, 2013
Even If Motivated By Discrimination, Employer Not Liable For Damages If It Can Prove It Would Have Terminated Employee Anyway
What happens when an employer terminates an employee based on a “mix of discriminatory and legitimate reasons”? The California Supreme Court answered that question last week in Harris v. City of Santa Monica. It held that when unlawful discrimination is a substantial factor motivating the termination, the employer is not liable for damages if it can prove that it would have made the same decision absent such discrimination.
That doesn’t mean employers get off scot free, however. The Court still held that an employer is subject to declaratory or injunctive relief to stop its discriminatory practices. Also, a plaintiff-employee may recover attorney’s fees and costs as the prevailing party. More>>New Employment Laws For 2013 – Are You Ready?
California Supreme Court Clarifies Employers’ Meal And Rest Break Obligations In Long Awaited Brinker Decision
After three years, the California Supreme Court finally issued its much-anticipated decision on how employers must manage meal periods and rest breaks. The April 12, 2012 unanimous decision in Brinker Restaurant Corporation v. Superior Court clarifies California employers’ obligations to “provide” meal periods and “authorize or permit” rest periods. The decision highlights that all California employers need to have lawful meal and rest break policies to minimize the risk of expensive class litigation. Brinker is generally favorable for employers. The major take-aways are summarized below.
Meal Periods: No Duty to Ensure Employees Do No Work First, the California Supreme Court held that an employer’s duty to “provide” meal periods is a duty to relieve employees of all duty, empowering employees to decide how to use the meal period. More>>Posting Notices of Employee Rights
New Labor Commissioner Form to Comply with Labor Code Section 2810.5
U.S. Supreme Court Rejects California Law, Holds Class Action Waivers in Arbitration Agreements to be Enforceable
U.S. Supreme Court Gives Employers A Big Boost In Fighting Class Actions
Court Finds Neutral Rounding Is Lawful
California employers that utilize neutral rounding practices to calculate time for non-exempt employees have received some very welcome news.
In Silva v. See’s Candy Shops, Inc., the Court of Appeal overturned a trial court decision, which previously found that rounding violates California law. The appellate court held that employers may round employee time to the nearest tenth of an hour, provided that such rounding is fair and neutral on its face, and it will not result, over a period of time, in a failure to properly compensate employees for all hours worked.
A contrary decision could have wreaked havoc to longstanding employer practices. More>>