Federal law establishes minimum wage and overtime requirements for non-exempt employees. These rules do not apply to individuals who qualify under the executive, administrative, and professional exemptions in the Fair Labor...more
5/1/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA...more
As we wrote about previously here, in October 2022, the Sixth District of the California Court of Appeal in Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638 (2022), ignored a decade of precedent and found Home Depot’s...more
On July 24, 2020, the California Department of Public Health (“CDPH”) issued guidance entitled “COVID-19 Employer Playbook For a Safe Reopening.” The CDPH then revised the 32-page Employer Playbook a week later, on July 31st....more
8/6/2020
/ California Family Rights Act (CFRA) ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Infectious Diseases ,
Public Health ,
Re-Opening Guidelines ,
State and Local Government
On December 10, 2018, the California Supreme Court handed down its unanimous decision in Gerard, et al. v. Orange Coast Memorial Medical Center, affirming the Court of Appeal ruling that voluntary meal period waivers are...more
12/13/2018
/ Appeals ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
IWC ,
Labor Code ,
On-Duty Meal Period Waivers ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Wage and Hour ,
Wage Orders
The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more
4/11/2017
/ Apprenticeships ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Collective Actions ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Job Duties ,
Misclassification ,
Restaurant Industry ,
Unpaid Overtime ,
Wage and Hour
The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more
3/17/2017
/ Appeals ,
Employer Liability Issues ,
Employment Policies ,
Health Care Providers ,
Home Healthcare Workers ,
Hospitals ,
IWC ,
On-Duty Meal Period Waivers ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Summary Judgment ,
Wage and Hour ,
Wage Orders ,
Work Schedules
On December 22, 2016, the California Supreme Court issued a critical decision in Augustus v. ABM Security Services, Inc., 2016 D.J. 12608 (2016), relating to California’s rest period obligations. The California Supreme Court...more