Alex Guerra, an Associate in the Sacramento Office, is a member of the Employment Law & Litigation Group.
Alex focuses her practice on employment litigation and counseling. Alex defends employers in class action, multi-plaintiff, and single
plaintiff lawsuits on a variety of issues, including discrimination, harassment, wrongful termination, misclassification,
and wage-and-hour claims. Orrick's Employment Law & Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder in recognition of their significant wins on behalf of leading multinational companies on today's most complex and challenging employment law matters.
Before joining Orrick, Alex was active in
California politics. She managed presidential, congressional, and supervisorial
campaigns and held leadership positions within the youth arm of a major political party. Alex also worked for high-ranking members of the legislature, to include the Majority Whip of the California State Assembly and the President pro Tempore of the California State Senate. These experiences put Alex in a position to understand
the complexity of California’s employment laws and the varied interests
motivating these policies.
You may be asking yourself: How is it already almost 2019?! With the New Year fast approaching, for those employment law enthusiasts out there, here are some legal issues that you want to keep in mind as you look back on 2018 and forward to 2019:
Year-End Bonuses: Employers distributing holiday bonuses, holiday gift cards, year-end merit bonuses, and other types of compensation to nonexempt employees should consider whether the compensation must be included in a nonexempt employee’s “regular rate” of pay when calculating overtime. The Code of Federal Regulations carves out some specific types of pay that need not be included in an employee’s regular rate of pay. For example, Section 778.211 excludes purely discretionary bonuses and section 778.212 excludes gifts for Christmas and other special occasions. So, an employer giving employees gift cards for the holidays or other special occasions is not required to incorporate the value of those gift cards into an employee’s regular rate of pay as long as the amounts “are not measured by or dependent on hours worked, production, or efficiency.” See 29 C.F.R. § 778.212(a); 29 U.S.C.A. § 207.
The Senate is gearing up to consider President Trump’s nomination of Judge Brett Kavanaugh as an Associate Justice of the Supreme Court to replace Justice Kennedy. While employment law is not likely to be the center of his confirmation hearings, many employers will be watching to see how Judge Kavanaugh’s appointment may impact employment cases that come before the Supreme Court. A review of Judge Kavanaugh’s employment law decisions during his time on the U.S. Court of Appeals for the D.C. Circuit suggests that although he sometimes sides with employees, he would be an employer-friendly addition to the Supreme Court.
In the first federal court in California to issue a rule on classification of gig-economy workers, the Northern District of California recently concluded that restaurant delivery drivers are properly classified as independent contractors instead of employees under California law.
In Lawson v. Grubhub, Inc., No. 15-cv-05128-JSC (N.D. Cal. Feb. 8, 2018), Plaintiff Raef Lawson worked as a restaurant delivery driver for Grubhub for four months in late 2015 and early 2016. Grubhub is part of the growing gig-economy, connecting diners to local restaurants through its internet food ordering app. Lawson brought his claims both in an individual capacity and as a representative action pursuant to the California Private Attorney General Act (PAGA). The critical question before the court was whether Lawson was an employee or an independent contractor. READ MORE