- Written by Gregory Blueford
On November 22, 2016, a U.S. District Court in Texas granted a nationwide preliminary injunction which blocks the Department of Labor’s (“DOL”) overtime exemption rule. As a refresher, twenty-one states, including Arizona and Nevada, sped in and filed an emergency motion seeking a preliminary injunction contesting the constitutionality of the Department of Labor’s (“DOL”) “new rule,” which expands overtime protections for “white collar” workers under the Fair Labor Standards Act (“FLSA”). The “new rule” raises the salary threshold for the white collar exemption to $47,476. You can find our previous article here.
- Written by Anthony Oceguera
On November 18, 2016, California’s Agricultural Labor Relations Board (“ALRB”) issued a decision in T.T. Miyasaka, Inc., Case No. 2016-CE-011-SAL, upholding a class action waiver in an employer’s arbitration policy and agreement. In the case at issue, the employer required that – as a condition of employment – employees agree to arbitrate their employment-related disputes with the employer only on an individual basis. In challenging the class action waiver, the employee argued that such waivers violated an employee’s right to engage in concerted activity under California’s Agricultural Labor Relations Act (“ALRA”).
The ALRB emphatically rejected the employee’s argument. In doing so, the ALRB declined to follow the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton, which the NLRB and some federal circuits (including the Ninth Circuit) have relied upon to invalidate class action waivers. The D.R. Horton decision held that class waivers violate the National Labor Relations Act (“NLRA”) by unlawfully restricting an employees’ right to engage in concerted action.