Damien P. DeLaney

California Employment Lawyer. Tweeting about PAGA and other employment law stuff. Views expressed here are mine, not intended as legal advice. RT=/=endorsement

[Akerman LLP @Akerman_Law]

We take a look at the practical impact of #SCOTUS decisions last week on the #OSHA and #CMS #COVID19 #vaccinemandates and what #employers need to be aware of going forward. https://t.co/FK93u6X0M7

[Damien P. DeLaney @pagaperspective]

California's minimum wage for employers with 26+ employees going up to $15/hr on Sunday!

[California Department of Industrial Relations @CA_DIR]

This is the last week of #2021, which means the #minimumwage will increase on Saturday! DIR has everything you need to know about minimum wage and other #laborlaws: https://t.co/sdeqR5DQm7

[Akerman LLP @Akerman_Law]

Akerman's Damien DeLaney (@pagaperspective) discusses the federal wage and hour regulatory landscape with @Law360. https://t.co/qeTd4Aw1c1

[Damien P. DeLaney @pagaperspective]

Big deal: SCOTUS will weigh in on whether the FAA requires enforcement of an arbitration waiver of PAGA claims, taking aim at the CA Supreme Court's holding in Iskanian v. CLS Transportation

[SCOTUSblog @SCOTUSblog]

Viking River Cruises v Moriana asks whether the Federal Arbitration Act "requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act." https://t.co/ZXETioBfis

[Akerman LLP @Akerman_Law]

Our #Labor and #Employment partners Genaira Tyce and Sul Kim advise employers they should prepare now for anticipated labor law changes in 2022 and review a list of the top 10 anticipated changes and steps employers can take to mitigate risk with the #NLRB https://t.co/YkOOKt5iq6

[Akerman LLP @Akerman_Law]

Akerman’s Chief Marketing and Client Development Officer Iris Jones (@IrisJones602) was one of the #AmLaw 200 firm marketing leaders quoted in a @Reuters article about recent moves by top professionals. More here: https://t.co/XeHL1bs8oV

[Damien P. DeLaney @pagaperspective]

Remember: In California and a number of other states, employers cannot claim ANY tip credit. This rule only changes things where state law does not extend beyond the FLSA

[Damien P. DeLaney @pagaperspective]

The Biden DOL is proposing new limits on the federal tip credit, limiting when employers can claim a tip credit for non-tip producing work. My colleague Rukayat Salaam's analysis:

[Akerman LLP @Akerman_Law]

The #USDOL issued a Final Rule stating that employers must pay tipped employees the full minimum wage for periods when non tip-producing work is performed for a substantial amount of time. Our Rukayat Salaam takes a look at the new rule: https://t.co/VlZUC0PkU4.

[Damien P. DeLaney @pagaperspective]

Employers with multiple PAGA cases should keep an eye on this. The 1st Dist view gives parties outside settlements power to try to disrupt them. It didn't totally work here; the court mostly upheld the settlement. But it will make settlements in this context more difficult

[Damien P. DeLaney @pagaperspective]

The 1st Dist. Ct. of App. holding Tuesday that a #PAGA plaintiff can intervene in settlement of an overlapping PAGA claim is the 3d case on the issue in 2 mos. setting up a showdown over whether a PAGA plaintiff can blow up a settlement in a parallel case https://t.co/yAm5C039cI

[Damien P. DeLaney @pagaperspective]

The disagreement here is over whether the plaintiff's status as proxy for the state is enough for standing. 1st Dist says yes, 2nd Dist says no. The CA Supreme Court will need to resolve.

[Damien P. DeLaney @pagaperspective]

Hi! I’m excited to be tweeting here on California wage and hour, employment class action, #PAGA issues, and every now and then, other employment law issues