News & Analysis as of

IWC Wage Orders

Jackson Lewis P.C.

California Revives Industrial Wage Commission

Jackson Lewis P.C. on

On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill. While appropriations bills such as AB 102 are generally not...more

Fisher Phillips

Don’t Call it a Comeback! Employers on Alert as California Seems Poised to Revive Industrial Welfare Commission

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After nearly two decades of being defunded by California lawmakers, the controversial Industrial Welfare Commission (IWC) may be on the verge of being reinstated – but are employer concerns premature? Originally established...more

Payne & Fears

Key California Employment Law Cases: June 2020

Payne & Fears on

Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus On California- Requirements for “Suitable Seats”

Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more

Payne & Fears

California Court of Appeal Provides Further Clarity on Scope of Dynamex

Payne & Fears on

Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more

Blank Rome LLP

California Passes AB 5: The Lawful Use of Independent Contractors in California is Drastically Limited

Blank Rome LLP on

Just last year, the California Supreme Court in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903 (“Dynamex”) abruptly replaced the longstanding test in California for determining whether a worker is an...more

Sheppard Mullin Richter & Hampton LLP

The Future of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively and the DLSE Issues Opinion Letter Expanding...

Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals as independent...more

Payne & Fears

Key California Employment Law Cases: February 2019

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This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. ...more

Farella Braun + Martel LLP

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more

Payne & Fears

California Court of Appeal Expands Reporting Time Pay Requirements for On-Call Shifts

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On February 4, 2019, a divided panel of the California Court of Appeal held in Ward v. Tilly’s, Inc., No. B280151, that employees scheduled for “on-call” or “call-in” shifts may be entitled to reporting time pay, even when...more

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms Validity Of Meal Period Waivers For Healthcare Employees

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

Fisher Phillips

California Supreme Court Provides A Dose Of Helpful Medicine For Healthcare Employers

Fisher Phillips on

In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal...more

Fox Rothschild LLP

Questions Remain About Who’s An Independent Contractor In California

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It’s been nearly six months since the California Supreme Court announced that employers and government agencies were using the wrong test to determine who’s an independent contractor. In Dynamex Operations West, Inc. v....more

Proskauer - Law and the Workplace

California Changes Rules on Independent Contractors

As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more

Orrick - Employment Law and Litigation

Easy—Or Challenging—as ABC? California Supreme Court Rewrites Independent Contractor Test for Wage Order Claims

On April 30, 2018, the California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. ...more

Jackson Lewis P.C.

California Supreme Court Broadens Definition Of Employee In Independent Contractor Analysis

Jackson Lewis P.C. on

Diverging from decades-old precedent, the California Supreme Court has broadened the definition of “employee” in the context of the State’s Industrial Work Commission (IWC) wage orders when undertaking the...more

Cooley LLP

Alert: Are Your Independent Contractors Really Employees? California Supreme Court Adopts Strict New Classification Test

Cooley LLP on

On April 30, 2018, the California Supreme Court unanimously rejected the common law test for independent contractors used in California for the last three decades and, for purposes of California's wage orders (which impose...more

Holland & Knight LLP

California Supreme Court Upends Independent Contractor Test for Wage Claims

Holland & Knight LLP on

• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more

Sheppard Mullin Richter & Hampton LLP

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

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

Snell & Wilmer

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

Snell & Wilmer on

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

McManis Faulkner

Wage and Hour Compliance: The World of Wage Orders

McManis Faulkner on

Wage orders are an oft forgotten feature of the employment law landscape, but one which may trip up employers. Employers should take steps to understand what wage order applies to their business, and make sure they are in...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

Fisher Phillips on

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more

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