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Posts by Jamie L. Lopez

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Photo of Dykema Labor & Employment Law Blog Jamie L. Lopez
Senior Attorney
jlopez@dykema.com
213-457-1830
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Showing 3 posts by Jamie L. Lopez.

Wake up and Smell the Coffee: California Supreme Court Limits Use of the De Minimus Doctrine as a Defense to Claims for Small Amounts of Unpaid Wages

Except in limited circumstances, Employers in California can no longer avoid liability for unpaid wages even if the unpaid amounts are de minimus, or “trivially small.” Despite never being officially enacted into law, many California employers have relied on the federal Fair Labor Standards Act (“FLSA”) de minimus doctrine in defending claims brought by employees claiming to have worked off-the-clock. The de minimus doctrine is an application of the maxim de minimus non curate lex, meaning “the law does not concern itself with trifles.” The de minimis doctrine holds that “alleged working time need not be paid if it is trivially small: ‘[A] few seconds or minutes of work beyond the scheduled working hours… may be disregarded.’” In the context of off-the-clock claims, employers have used it to defend compensating employees for work performed off the clock in such small amounts that it would be administratively difficult to record. Most commonly, this applied to work time of fewer than 10 minutes. Read More ›

Two New California Employment Laws To Take Effect in January

On October 12, 2017, Governor Brown signed two new laws that take effect January 1, 2018, that will affect California employers. Senate Bill (SB) 63 mandates that small businesses provide 12 weeks of baby bonding to employees. Assembly Bill (AB) 168 bans employers from inquiring about a job applicant’s salary history. Read More ›

Follow Up: EEOC Releases Revised EEO-1 Form Which Now Tracks Employee Pay Data

Earlier this year, this blog discussed the EEOC’s proposed rule that would require employers to report additional pay data as part of their annual “Employer Information Report EEO-1” (EEO-1) form submissions. The EEOC and Office of Federal Contract Compliance Programs (OFCCP) use the EEO-1 form to collect data from private employers, federal contractors and subcontractors about their employees. It is an established report that all employers with 100 or more employees are required to submit to the EEOC on an annual basis. On September 29, 2016, the EEOC announced the approval of a revised EEO-1 form. Beginning with the 2017 report (which must be filed in March 2018), the EEOC will collect additional summary pay data that it had not previously collected from employers with 100 or more employees. Read More ›