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On July 15, 2015, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Administrators Interpretation 2015-1: “Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.” The Interpretation’s stated goal is to provide “guidance regarding the application of the standards for…

New Law: Requesting Accommodation Is Protected Activity Under the FEHA In Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (discussed here), the plaintiff sued his former employer, alleging that it violated the Fair Employment and Housing Act (FEHA) by firing him after he requested leave from work to donate a kidney to…

Los Angeles County Votes To Gradually Raise Minimum Wage To $15 By 2020 The Los Angeles County Board of Supervisors voted 3-2 Tuesday to incrementally raise the minimum wage to $15 an hour in unincorporated areas of the county over the next five years. For a list of L.A county’s unincorporated areas, go here: http://ceo.lacounty.gov/forms/unincorp%20alpha%20web.pdf…

Uber has long tried to play itself off as simply a middleman, just dispatching independent drivers to consumers through its app — and taking a big cut of their fare. Nothing but logistics, right? Not according to the California Labor Commission, who ruled today that the extensive control Uber has over its drivers makes them…

On, Saturday, June 13, 2015, Los Angeles Mayor Eric Garcetti signed a measure into law Saturday to raise the minimum wage in Los Angeles to $15 an hour by 2020. The signing ceremony took place at Martin Luther King Jr. Park at 2 p.m. On the prior Wednesday, the L.A. City Council voted 12-1 in…

LOS ANGELES — Three Los Angeles-area residents responsible for operating a network of four schools were arrested Wednesday on federal charges for allegedly helping hundreds of foreign nationals remain in the U.S. as foreign students, even though they never attended classes. The three defendants allegedly ran a “pay-to-stay” scheme through three schools in Koreatown –…

Employers often pay their employees on a fixed weekly or monthly salary on the mistaken belief that it covers all overtime hours worked by their employees. However, starting in 2013, the law is clear that salaries do not cover overtime wages. And, all overtime wages will be calculated on the legal hourly rate based on…

A.B. 2617, proposed by Assemblywoman Shirley Weber, D-San Diego, and signed by Governor Brown on Sept. 30, bars people from being forced to waive civil rights protections as a condition of entering into a contract for the provision of goods or services, including the right to file a civil action with the attorney general, the…

Early Saturday morning, the California Legislature voted to significantly expand working Californians’ access to paid time off for illness. Gov. Jerry Brown was sent AB 1522, which he applauded. AB 1522 enacts the Healthy Workplaces, Healthy Families Act of 2014. The Act requires most employers in the state to give workers at least three paid…

One common way for an employer to avoid having to pay overtime wages and employment taxes is to misclassify an employee as an independent contractor. An independent contractor does not have the same rights and protections that are afforded to an employee. Thus, it is very tempting for an employer to classify its employees as…