Employment and Labor Law

Written By Anthony Amendola and Justine Lazarus

In Mendoza v. Nordstrom, Inc., the California Supreme Court answered some unsettled questions regarding the state’s day of rest statutes. In short, these provisions of the California Labor Code provide that employees are entitled to at least one day’s rest out of seven. Specifically, section 551 of the Labor Code states that “[e]very person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” Section 552 states that “[n]o employer of labor shall cause his employees to work more than six days in seven.” Section 556 provides an exception to sections 551 and 552, stating that they “shall not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.”

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Employment partner and HR extraordinaire Helen Beech writes for online publication We Are The City this week, discussing the Gender Pay Gap Information Regulation (Equality Act 2010)

Currently, only large corporations with 250+ employees are required to provide disclosure on their gender pay gap data, however Helen thinks that SMEs still have a big role to play in tackling the gap.

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Written By: Brian Ragen

In Vaquero v. Stoneledge Furniture LLC, a California Court of Appeal recently held that inside sales employees who are paid on a 100% commission basis must be separately compensated for their rest periods.

Though inside sales persons are exempt from overtime (provided they earn at least 1.5-times minimum wage and earn more than half of their compensation from commissions), they are not exempt from California’s meal and rest period requirements. Thus, the Court’s logic was as follows: Inside sales employees must receive at least one paid rest period of 10 minutes for every four hours worked. If 100% of an employee’s pay is attributable to commissions, then he or she is not being compensated for rest periods—i.e., an employee cannot earn a commission while “resting,” so an employee paid only commissions must not be receiving pay for rest periods.

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On 23 February 2017, the Fair Work Commission handed down its decision on applications by employer organisations to reduce Sunday and public holiday penalty rates in six modern awards in the hospitality and retail industries.  Since then, there have been a lot of misconceptions floating around about the decision.  In this article, Emily Haar, Associate, and Professor Andrew Stewart, Consultant, explain its scope and impact.

Read more: Independent Umpires, Merits-Based Applications and the Disutility of Sunday Work– A Guide to the...

On 8 February 2017, the Government introduced legislation into the Federal Parliament which proposes changes to the national paid parental leave scheme. This is the Government’s third attempt in recent years to implement changes to the government paid parental leave scheme and the changes proposed are broadly similar to previous iterations, with only a few notable changes. Partner, Erin McCarthy and Law Graduate, Shauna Roeger discuss the changes contained in the Bill.

Read more: An update on the proposed changes to paid parental leave in Australia