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Don’t Fall into the “Comp Time” Trap: It’s Generally Illegal in California

Many employees request time off instead of pay when they work overtime or are scheduled to work extra days including weekends, and you may be quick to oblige their wishes in an effort to be responsive to their desires. After...more

Rising Inflation Will Lead to California Minimum Wage Hike in 2023: 5 Key Takeaways for Employers

California leads the nation in the call for higher minimum wages, emanating from the agricultural fields and reaching nearly every industry. Raising wages has been a major focus in the California Legislature – as well as in...more

Despite Uncertain Times, California Employers Must Seek Creative Solutions for Resolving Wage and Hour Claims

In California, wage and hour claims are more common than claims of wrongful termination and harassment. Fortunately, employers have had a variety of forums in which to resolve wage and hour claims. Because litigation can be...more

An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits

Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct...more

The Importance of Getting the California “Regular Rate” Right

While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

California Supreme Court Adds to Employers’ Pain By Requiring Higher Rate of Pay for Missed Meals and Breaks: A 3-Step Plan of...

The California Supreme Court ruled yesterday that if an employer fails to provide a legally compliant meal period or rest break, the wage premium they must pay out must be paid at the “regular rate of compensation” – which...more

Common Cents: New Trend of Wage Statement Wins for Employers in California and Federal Courts

The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more

Recent California Supreme Court Case Offers Meal Period Guidance

The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more

California Financial Advisors Lacking Fixed And Predetermined Salary Not Subject To Administrative Salaried Exemption

In California, all employees are presumed to be entitled to overtime, meal periods, and other wage-and-hour regulations unless an employer can prove that its employees “plainly and unmistakably” fall within the terms of an...more

Dangers Of Poorly Defined Vacation (PTO) And Application Of California Law To Non-Residents Addressed By Appellate Court

California law does not require employers to provide their employees with paid vacation. However, if an employer has a policy providing its employees with paid vacation, the administration of the benefits is strictly...more

California Courts Continue To Address “Suitable Seating” Battles

The standards for “suitable seating” cases in California were set by the California Supreme Court’s landmark 2016 decision of Kilby v. CVS Pharmacy, Inc. Ever since this decision was handed down, employers and employee...more

Employees Win Latest California Bag Check Case – But Court Leaves One Final Cliffhanger On The Compensability Of Closing Tasks

The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more

Now More Than Ever, California Employers Need To Stay Abreast Of Working Time and Control Issues

The California appellate courts, and the California Supreme Court, continue to weigh in on significant and compelling wage and hour issues that affect employers each day. “Hours Worked” Under The Control Test – Going Back...more

Sound The Alarm: What California’s Latest Bag Check Case Means for You

In a unanimous decision, the California Supreme Court just held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when...more

As Winter Approaches, Prepare Your Workplace For The Cold November Rain

Tastes may differ, but there can be no dispute that the music video for “November Rain,” the ultimate power ballad by the ultimate Hair Nation band of the 1980s, Guns N’ Roses, is the best video ever created. It’s like a...more

California Supreme Court Will Have The Final Word On Exceptions To Activity-Based Pay Systems

Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more

What Happens If Landmark Appellate Court Decision Is Reviewed By State Supreme Court?

Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more

Appeasing The 3-Headed Monster For Incentive-Paid Employees

Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour...more

New ABC Test For Independent Contractors Sends California Employers Reeling

The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

Give Me A Break! Do Your Unpaid On-Call Shifts Remain Alive and Well?

There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more

California Supreme Court’s “Day Of Rest” Ruling Puts Employers At Ease

In an unanimous decision, the California Supreme Court held today that California’s law requiring one day of rest in seven looks only at the employer’s defined workweek when determining the applicable period of time to be...more

Location, Location, Location: What Factors Determine Whether California Law Applies To Non-Residents?

In deciding whether California’s overtime laws apply to non-resident employees who spend full days or weeks working in the state, the California Supreme Court has previously held the state’s labor code applies to overtime...more

The Resurgence Of The Hourly Rate To Recognize Performance

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more

California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more

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