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DOL Proposes New Regulation Regarding Employees vs. Independent Contractors

Today the U.S. Department of Labor (DOL) published a new proposed rule defining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed regulation would move the "economic...more

Ninth Circuit Holds CBA Preempts California Overtime Claims

California has a reputation for strictly enforcing its wage and hour laws regardless of federal law or an agreement between the parties. But the United States Court of Appeals for the Ninth Circuit recently held that these...more

California Supreme Court Confirms that Health Care Employees Who Work More Than 12 Hours May Lawfully Waive Second Meal Period

California’s Industrial Welfare Commission ("IWC") Wage Order 5 and the California Labor Code set forth meal and rest period requirements for non-exempt health care employees, and permit the waiver of a second meal period for...more

Seismic Shift in Determining Contractor Status: Unanimous California Supreme Court Adopts New Test for Evaluating Independent...

Companies and individuals have long used independent contractor relationships to provide workers greater flexibility and to lower costs. The California Supreme Court’s decision Monday in Dynamex rewrites the test for...more

Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a...more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

California Poised to Expand State Equal Pay Law

On Sept. 1, California’s legislature sent Senate Bill No. 358 (the “Fair Pay Act”) to Governor Jerry Brown for signature. The Fair Pay Act amends California’s existing Equal Pay Act (Labor Code section 1197.5) in several...more

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