California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more
3/23/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Non-Exempt Employees ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
Summary Judgment ,
Timekeeping ,
Wage and Hour
Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more
3/22/2021
/ Airline Employees ,
Appeals ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State and Local Government ,
Wage and Hour
With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more
11/6/2019
/ Anti-Discrimination Policies ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Flexible Spending Accounts ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
New Legislation ,
OSHA ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
State Labor Laws ,
Title VII
More than 50 years after the Equal Pay Act of 1963 required equal pay for equal work, a wage gap persists between similarly situated men and women in the workforce. Each year, Equal Pay Day highlights that gap by marking the...more
4/3/2019
/ #MeToo ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission (IWC) Wage Orders. Ruling unanimously, the...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more
11/16/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
DFEH ,
Employer Liability Issues ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Notice Requirements
Governor Jerry Brown signed S.B. 63 last month, which makes CFRA applicable to businesses with 20+ employees. Under the bill, the California Government Code will be amended as of January 1, 2018 to permit eligible employees...more
Traditional employment practices liability (EPL) and directors’ and officers’ (D&O) insurance may not apply today to cover wage-and-hour liabilities, an issue we detailed in the first and second installments of this series. ...more
As discussed in the first installment of our three-part series on insurance protection against wage-and-hour claims, policyholders have looked to two types of traditional insurance for protection against employment...more
Yesterday, businesses and their executives face an increased threat given the personal liability for officers, directors, managing agents and others as discussed in our recent alert, “California’s Fair Day’s Pay Act May...more