News & Analysis as of

Wage and Hour DLSE

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Fisher Phillips

California Finally Clarifies Key Paid Sick Leave Discrepancy for Part-Time Employees

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California employers recently got some welcome news when state regulators clarified the method by which you should apply new paid sick leave benefits to part-time employees. Without much fanfare or public announcement, the...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2024

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The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims. Employers should continue to be aware of...more

Fisher Phillips

California Employers’ New Year’s Resolution: Make These 2 Key Changes to the Mandatory Notice You Give to New Hires

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All California employers will need to make two changes to the mandatory notice you provide to your new hires as of January 1: you need to tell them about changes to California’s paid sick leave law, and you need to provide...more

Seyfarth Shaw LLP

We Slept In! Time To Prepare for New 2024 Requirements!

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Seyfarth Synopsis: Prepare for new California workplace legal requirements effective January 1, 2024, now. Seyfarth has you covered with all the ways to protect your workplace just like Kevin McCallister defends his house....more

Seyfarth Shaw LLP

Every Who In California Must Update Their Wage Theft Notice For January

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Seyfarth Synopsis: Among new workplace legal requirements effective January 1, 2024, making employers green in the face with end of the year preparations are necessary revisions to Wage Theft Notices. They must be ready for...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on California Wage and Hour

FOCUS ON CALIFORNIA WAGE AND HOUR - Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge - A recent Ninth Circuit decision imposes new obligations on California employers that furlough or...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Fox Rothschild LLP

Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?

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For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption to apply, the worker had to be working away from the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined...more

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

BCLP

California's Pay Transparency Laws

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Since 2018, the California Equal Pay Act (“CEPA”) has prohibited employers from asking applicants about their salary history, including compensation and benefits, during the hiring process. California also requires employers...more

Jackson Lewis P.C.

California Civil Rights Department Updates FAQs on Pay Data Reporting

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When Senate Bill (SB) 1162 was signed in 2022, much of the focus was on the new pay transparency requirements. However, the bill also amended pay data reporting requirements in California. Under the amendments covered...more

CDF Labor Law LLP

Appellate Court Holds That Percentage Bonuses Can Be Calculated Using FLSA Method

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In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more

Bowditch & Dewey

Reading the Riot Act: $100 Million Settlement in Gender Discrimination Class Action

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A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot...more

Sheppard Mullin Richter & Hampton LLP

Expanded Limitations Period and Individual Liability for Employers Facing Labor Commissioner Hearings

An employee in California has two primary options to pursue a claim for the enforcement of minimum wage and overtime pay rights. The employee may seek judicial relief by filing an ordinary civil action. Alternatively, the...more

CDF Labor Law LLP

DLSE FAQ Page for 2022 COVID Supp. Paid Sick Leave Now Available

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California’s Division of Labor Standards Enforcement (DLSE) has published a new FAQ page explaining the 2022 COVID-19 Supplemental Paid Sick Leave (2022 SPSL) law, which went into effect on February 19, 2022. ...more

Troutman Pepper

Annual Pay Data Reporting for Large Employers With Any California Employees Due April 1

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Q. When is the deadline for submitting annual pay data reports under California law? A. In 2021, California passed legislation, requiring private employers with 100 or more employees to submit annual pay data reports to...more

Jackson Lewis P.C.

DLSE Publishes Model Notice for 2022 COVID-19 Supplemental Paid Sick Leave

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On February 19, 2022, 2022 COVID-19 Supplemental Paid Sick Leave goes into effect. The legislation, similar to 2021 COVID-19 Supplemental Paid Sick Leave, requires employers with 25 or more employees to provide paid leave for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s New COVID-19 Supplemental Paid Sick Leave Law Passes Legislature and Awaits Governor’s Signature

On February 7, 2022, the California legislature passed legislation reviving COVID-19 supplemental paid sick leave (SPSL). The law creates new California Labor Code Section 248.6 and takes effect ten days after Governor Newsom...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New California Bill Aims to Supersize Fast-Food Workers’ Rights

On January 31, 2022, the California State Assembly passed Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would potentially provide increased rights to the...more

Jackson Lewis P.C.

California’s Labor Commissioner Publishes FAQ for Garment Protection Act

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In September 2021, California’s Governor signed Senate Bill (SB) 62 which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors. A brand guarantor is...more

Jackson Lewis P.C.

California’s Labor Commissioner Publishes FAQ for Warehouse Quota Law

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In September 2021, Governor Newsom signed Assembly Bill (AB) 701, which regulates the use of quotas at warehouse distribution centers in California. AB 701 requires employers with large warehouse distribution centers to...more

Fox Rothschild LLP

Will Employers Finally Get Some PAGA Relief in 2022?

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The sharks are starting to circle around PAGA (Private Attorney General Ac), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally be subject to challenge on two separate...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Be Watching in 2022

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The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s...more

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