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Encino Motorcars v. Navarro, 579 U.S. ___ (2016), 584 U.S. ___ (2018), was a Supreme Court of the United States case addressing overtime pay. [1] Specifically at issue is whether automotive service advisors are eligible for overtime pay under the Fair Labor Standards Act.
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes. Public employees cannot use labor law to sue employers ...
Section 13(a)(1) of the Fair Labor Standards Act of 1938 exempted "bona fide executive, administrative, or professional" employees from overtime pay requirements. [2] In determining whether an employee was exempt, the US Department of Labor and the Secretary of Labor applied a "salary-basis" test in 1940 that was not applicable to state and local employees.
California Refinery and Chemical Plant Worker Safety Act of 1990 added section 7872 and 7873 to the Labor Code. On September 25, 1992, AB 2601 was signed into law. [20] It protected gays and lesbians against employment discrimination. [21] California was the seventh state to add sexual orientation to laws barring job discrimination. [22]
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It changed the rules in California of who is an employee and who is an independent contractor. While the law applied to lots of industries, it had the biggest impact on app-based ride-hailing and ...
Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
The California courts have long grappled with the appropriate standard for determining whether a worker is properly classified as an employee or an independent contractor for the purpose of California’s employment laws. At common law, the employment relationship was determined by the degree of control over the details of the work being performed.