Given the prevalence of wage-hour class actions filed against California employers, the Ninth Circuit Court of Appeals from time to time asks the California Supreme Court to clarify certain California wage-hour laws. Last week, the Ninth Circuit asked again in Cole v. CRST Van Expedited, Inc., seeking clarification on the following two questions:
The Ninth Circuit’s Request That the California Supreme Court Clarify Meal and Rest Period Requirements May Have a Tremendous Impact Upon Employers
More than seven years ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest periods under California law. Nothing the California Supreme Court said has slowed the filing of meal and rest period class actions against employers doing business in the state.
Royal Oak-based law firm Howard & Howard is pleased to announce that Christopher L. Schaeffer has joined the Firm. He joins Howard & Howard’s Business Litigation Practice Group.
With its recently passed Act Relative to Noncompete Agreements for Low-Wage Employees, New Hampshire has joined a growing list of states (including Maryland and Maine) that have enacted laws barring employers from enforcing non-competition agreements against low-wage workers. The New Hampshire law prohibits employers from enforcing agreements against employees earning less than 200% of the federal minimum wage ($14.50/hour as of 2019) which limit their ability to work for another employer for (1) a specific period of time (2) in a specific geographic area, or (3) in a specific industry. The prohibition takes effect September 8, 2019.
In its last session, the Delaware legislature passed a number of amendments to the Delaware General Corporation Law (the “DGCL”), the Delaware Limited Liability Company Act (the “DLLCA”), the Delaware Revised Uniform Limited Partnership Act (“DRULPA”) and the Delaware Revised Uniform Partnership Act (“DRUPA” and, together with the DLLCA and DRULPA, the “alternative entity statutes”). Delaware Governor John Carney signed these bills into law. The amendments become effective on August 1, 2019.
New York State Passes Bill Allowing Employees to Place a Lien on Employer’s Property for Accusation of Wage Violations
The New York State Assembly and Senate have passed a potentially groundbreaking act (S2844B/A486B) (the “Act”) that would allow current or former employees to obtain liens on their employer’s personal and real property based upon only the mere accusation of wage violations. And it arguably would allow those employees to obtain liens against individuals, including owners, managers and supervisors.
The U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued an opinion letter addressing the compensability of a long-haul truck driver time in a truck’s sleeper berth during multi-day trips. While this question is highly fact-specific, the WHD’s response offers a useful refresher on the widely applicable Fair Labor Standards Act (“FLSA”) concepts of compensability of waiting, sleeping, and traveling time.
Royal Oak-based law firm Howard & Howard is pleased to announce that Bill Blancke and Paxton A. Fleming have joined the Firm. They will practice out of the Royal Oak, Michigan and Las Vegas, Nevada offices, respectively.
A sharp increase in the number of defamation cases taken in the courts is linked to the growth in social media use.
Davis Malm is pleased to unveil a new brand and website to represent the firm’s approach to servicing clients efficiently and creatively, and with the agility necessary to handle any issue. The rebranding coincides with Davis Malm’s 40th anniversary, which the firm celebrated on May 1, 2019.