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July 2019 Archives

Federal court to apply Troester to Nike employee inspection times

It is well known that California state labor and employment laws tend to be more pro-employee than corresponding federal laws. Therefore, it may come as no surprise that if you make your employees stand in line before they leave so you can inspect their bags to ensure they didn't make off with your merchandise - such as some shiny new Nike Air Force 1's - you must pay them for this time in California. As we previously explained in this space, the California Supreme Court held last summer in a unanimous opinion called Troester v. Starbucks that in a wage and hour complaint under California state law, the federal de minimis doctrine does not apply.

Bill would extend time to file state work discrimination claims

Current California law provides that an employee who claims to have been the victim of unlawful discrimination or harassment must file a complaint with the Department of Fair Employment and Housing within one-year of the unlawful practice before they can file a civil lawsuit. A bill is under consideration before the state legislature that would extend the deadline for filing to three years.

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