In Ferra v. Loews Hollywood Hotel, LLC, the California Court of Appeal considered the method for determining the amount of the one hour of pay at the employee’s “regular rate of compensation” for each workday in which an...more
On September 18, 2019, Governor Newsom signed Assembly Bill 5, thereby establishing a law that purports to prevent the misclassification of employees as independent contractors and provide “basic rights and protections they...more
9/20/2019
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Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
Krista Townley was a server at BJ’s Restaurants, Inc. As a server, Townley was required to wear black, slip-resistant close-toed shoes pursuant to company policy. Townley purchased a pair of canvas shoes that complied with...more
Over the last few years we have seen “ban the box” laws enacted in various states and municipalities. In California, these laws limit the timing of an inquiry into a job applicant’s criminal history to after a conditional...more
Beginning September 21, 2018, employers must use the newly issued model Summary of Your Rights Under the Fair Credit Reporting Act form (or their own form based on the model) when providing the required written notice to an...more
Assembly Bill 2613 seeks to expand the persons potentially liable to any “person acting on behalf of an employer”. More specifically, liability would attach when an employee is not paid sums owed when due under Labor Code...more
Each year hundreds of laws are introduced in California’s House of Representatives or Senate, only a fraction of which are ever signed into law. Many laws that are passed, such as last year’s Senate Bill 3 which will increase...more
Continuing a recent legislative trend, Senate Bill 1001 expands existing prohibitions regarding unfair immigration-related practices. Specifically, this bill amends the California Labor Code to provide a civil remedy for an...more
The Wage Equality Act of 2016 (Senate Bill 1063) expands California’s Equal Pay Act to target race and ethnicity-related wage differentials. This bill picks up where last year’s Equal Pay Act (which bolstered prohibitions on...more
Prompted, in part, by a 2015 federal court decision which held that employers must state the total hours worked by outside sales persons, Assembly Bill 2535 amends Labor Code section 226 to further clarify the categories of...more
Assembly Bill 1509 amends sections 98.6, 1102.5, and 6310 of the California Labor Code by extending certain retaliatory protections afforded to employees to their family members who work for the same employer. Under existing...more
By amending sections 558, 1197, and 1197.1 of the California Labor Code, Assembly Bill 970 authorizes the Labor Commissioner to investigate and, at the request of local government, enforce local laws regarding overtime hours...more
The Department of Industrial Relations recently announced an increase in the minimum hourly wage required for certain computer software workers who are exempt from overtime under California Labor Code section 515.5....more
Most California employers know that they have to reimburse employees for business-related expenses. Indeed, California Labor Code section 2802(a) provides that an employer “shall indemnify his or her employee for all...more