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Carothers DiSante & Freudenberger LLP | USA | 2 Jul 2015

Classifying employees as exempt from overtime may become a lot more costly

This week, the Department of Labor announced proposed changes to the white-collar overtime exemptions under the Fair Labor Standards Act ("FLSA"). If…
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Carothers DiSante & Freudenberger LLP | USA | 23 Jun 2015

Burdensome San Francisco Retail Workers Bill of Rights takes effect next week

Next week, on July 3, 2015 the ordinances collectively known as the “Retail Workers Bill of Rights” - passed unanimously by the San Francisco Board of…
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Carothers DiSante & Freudenberger LLP | USA | 15 Jun 2015

Court refuses enforcement of forum selection and choice of law clauses

The recent published decision issued by the Fourth District California Court of Appeal (May 28) in Verdugo v. Alliantgroup, L.P. Will make it more…
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Carothers DiSante & Freudenberger LLP | USA | 3 Jun 2015

Quickie NLRB elections look like they are here to stay

As we mentioned previously in this blog, there were two major court challenges filed to stop the NLRB from moving forward with its quickie election…
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Carothers DiSante & Freudenberger LLP | USA | 2 Jun 2015

Bill to further increase California’s minimum wage approved by state Senate

Yesterday, proposed legislation (SB 3 -- Leno) to increase California's minimum wage to $11/hour in 2016 and to $13/hour in 2017 was approved by…
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Carothers DiSante & Freudenberger LLP | USA | 1 Jun 2015

U.S. Supreme Court sides with EEOC in Abercrombie headscarf case

Today, the U.S. Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores, reversing a Tenth Circuit win for the retailer in a religious…
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Carothers DiSante & Freudenberger LLP | USA | 1 Jun 2015

SCOTUS denies review of another case involving PAGA representative action waivers in arbitration agr

Today, the United States Supreme Court unfortunately denied review in Bridgestone Retail Operations v. Milton Brown (Docket No. 14-790) – thereby…
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Carothers DiSante & Freudenberger LLP | USA | 3 Mar 2015

Court says PAGA representative action waiver is unenforceable even though plaintiff had ability to opt out of arbitration agreement

Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a…
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Carothers DiSante & Freudenberger LLP | USA | 3 Mar 2015

Who decides “gateway” issues of arbitrability of class/representative claims – a court or an arbitrator?

Last week, a California Court of Appeal issued a decision that provides important guidance on drafting of employment arbitration agreements. In…
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Carothers DiSante & Freudenberger LLP | USA | 26 Feb 2015

DHS extends eligibility for employment authorization to certain spouses of H-1B workers

On Tuesday, the US Citizenship and Immigration Services issued a final rule extending employment eligibility to the H-4 nonimmigrant spouses of H-1B…
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