In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more
7/19/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more
1/15/2021
/ ABC Test ,
Borello Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage Orders
In Kim v. Reins, the Supreme Court was faced with the following question: Do employees lose standing to pursue a PAGA claim if they settle and dismiss their individual claims for Labor Code violations? To the surprise of many...more
3/17/2020
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Employment Litigation ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Reversal ,
Settlement Offer ,
Standing ,
State Labor Laws ,
Summary Judgment
Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more
The California Supreme Court recently confirmed that employers seeking background reports need to ensure they are in compliance with both the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit...more
In a long-awaited decision, the California Supreme Court rejected the federal de minimis doctrine, making clear that in any instance in which employees perform “minutes of work,” before or after their shifts, that time must...more
7/31/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal...more
4/12/2016
/ Banks ,
CA Supreme Court ,
Class Action ,
CVS ,
Employer Liability Issues ,
Job Duties ,
JPMorgan Chase ,
Retailers ,
Seating ,
Suitable Seats Lawsuits ,
Totality of Circumstances Test ,
Wage Orders
Last week, the California Supreme Court provided additional guidance as to how to draft an enforceable arbitration agreement and how Courts should analyze whether mandatory arbitration provisions can be held unconscionable...more
8/13/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Car Dealerships ,
Class Action ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Lenders ,
Federal Arbitration Act ,
Injunctive Relief ,
Misrepresentation ,
Poison Pill ,
Preemption