United States: The California Supreme Court Holds That Certain Security Guards Must Be Paid To Sleep

On December 31, 2014, the California Supreme Court held in Mendiola v. CPS Security Solutions, Inc. (Case No. S212704) that security guards who work shifts of 24 or more hours under Wage Order 4 must be compensated for their sleep time.  The Court also held that, under the particular facts of the case, the security guards were required to be paid for their “on-call” time.

CPS Security Solutions provides security services to various clients.  Generally, […]

By | February 13th, 2015 ||

United States: Article Featuring Co-Chair Connie Bertram Examines Best Practices To Increase Voluntary Responses To Disability Self-Identification Form

As regular readers of this blog are well aware, new OFCCP regulations require federal government contractors to invite applicants to self-identify as individuals with disabilities at both the pre- and post-offer stages of the hiring process.  This requirement has raised numerous questions and challenges for federal government contractors.  The Society for Human Resource Management (“SHRM”) recently published an article analyzing some of these issues.

One issue addressed in the SHRM article is how to increase […]

By | February 12th, 2015 ||

UK: Advocate General's Opinion In Woolworths Case Good News For Employers

The EAT decided in 2013, in a case involving numerous redundancies from various Woolworths stores, that an employer had to count all proposed dismissals across all establishments in assessing whether or not the collective redundancy consultation requirements applied.  These rules are contained in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

This decision was a departure from previous case law.  It also involved the EAT effectively “deleting” the words “at one establishment” from […]

By | February 12th, 2015 ||