Author: Samantha Yurman, JD

On May 21, 2018, the Supreme Court of the United States (SCOTUS) held, in a case of epic proportion to the employment litigation world, that employers may enforce class action waivers in arbitration agreements rather than being obligated to allow employees to unite in a class action suit. According to the court in  Epic Systems…

On April 30, 2018, the California Supreme Court filed its decision in Dynamex Operations West, Inc. v. Superior Court and held that businesses must apply the “ABC test” to prove that a worker is an independent contractor, instead of an employee, under California Industrial Welfare Commission (IWC) wage order claims. Under the ABC test, a…

On April 9, 2018, in Rizo v. Yovino, the Ninth Circuit Court of Appeals held that under the federal Equal Pay Act an employer cannot justify a wage differential between male and female employees by relying on prior salary. The EPA prohibits sex-based wage discrimination between men and women, in the same establishment, who perform jobs that require substantially…

Q: One of our employees was assaulted and injured by another coworker in our workplace. Is this compensable under California workers’ compensation? A: If the employee was injured at work, it is likely that the claim is compensable based on the facts of the situation leading up to the assault. An employee who is assaulted…

In its March 15, 2018, decision, the U.S. Court of Appeals for the Fifth Circuit overturned the U.S. Department of Labor’s (DOL) Fiduciary Rule that expanded the definition of an investment advice fiduciary under the federal Employee Retirement Income Security Act (ERISA). Under the Fiduciary Rule, investment brokers were going to be required to put…

On March 5, 2018, the California Supreme Court decided how an employee’s overtime pay rate should be calculated when the employee earns a flat sum bonus during a single pay period. In Alvarado v. Dart Container Corporation of California (Alvarado), the Court determined that when calculating overtime in pay periods during which an employee earns…

Our February 1, 2018 blog post reported on the late February release of the Form W-4 and guidance on the income withholding rules that changed under the Tax Cuts and Jobs Act. On February 28, 2018, the federal Internal Revenue Service (IRS) released the new 2018 Form W-4 and an updated withholding calculator. Why a…

The U.S. Equal Employment Opportunity Commission (EEOC) released its 2017 data on enforcement and litigation detailing the top 10 most frequently filed charges for the fiscal year. According to the numbers, over 84,000 workplace discrimination charges were filed with the agency during fiscal year 2017, and nearly $4 million was secured for victims. This includes…

Signed on December 22, 2017, the Tax Cuts and Jobs Act (US H.B. 1) created a federal tax credit (IRC § 45S) for employers that annually and voluntarily offer up to 12 weeks of paid family and medical leave to qualifying employees under a written policy. A qualified employee is someone who works for the…

On January 11, 2018, the Internal Revenue Service released its income tax withholding tables for 2018 reflecting changes made by the December 2017 tax reform legislation. The updated withholding information provides the new rates for employers to use during 2018. Employers are encouraged to use these tables as soon as possible but must use them by…