Wage Orders

News & Analysis as of

Another Year, Another Set of Laws: What California Employers Should Know

In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

NYSDOL Proposes New Rules to Implement Minimum Wage Hikes

On October 19, 2016, the New York State Department of Labor published a proposed rule amending the Minimum Wage Orders codified at 12 NYCRR Parts 141, 142, 143, and 146, to implement the minimum wage increases passed by the...more

The Fast, the Furious, the Fundamentals: Travel Pay in California

Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. Here are some guidelines to help ensure that employees get paid for all hours worked, including...more

NY DOL To Increase Salary Threshold for Exempt Employees

As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more

Wage Orders Likely Pose Compliance Issues for New York Employers

For New York employers, many wage-and-hour obligations are not set forth in the statute. Rather, they are outlined in Wage Orders promulgated by the New York State Department of Labor. The New York DOL has published proposed...more

Ninth Circuit Poised to Say “Call Me, Maybe”

Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more

No Rest for the Weary: California Law on Rest Breaks

Seyfarth Synopsis: California’s rules on rest breaks are still developing. Recent cases have addressed the timing of rest breaks, and whether employees (particularly those who remain “on call”) must be relieved of all duty...more

Alert: California Supreme Court Clarifies Employers' Obligation to Provide "Suitable Seating" to Employees

The California Supreme Court has issued a recent opinion (Kilby v. CVS Pharmacy, Inc., No. S215614) interpreting, for the first time, California's Wage Order requirement that "all working employees shall be provided with...more

Take a Seat (if Reasonable): The California Supreme Court “Clarifies” Employee Seating Requirements

In April, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court weighed in, at the request of the Ninth Circuit, on elements of two California Wage Orders that have, until now, received relatively little notice, and...more

Employment Law - June 2016

OSHA's Electronic Submission Rule Finalized - Why it matters - Three years in the making, the Occupational Health and Safety Administration (OSHA) finalized a new rule mandating the electronic submission of injury...more

Employment Law Commentary, April 2016: Kilby V. CVS Pharmacy: The California Supreme Court In The Driver’s Seat Clarifies Seating...

Kilby V. CVS Pharmacy: The California Supreme Court In The Driver’s Seat Clarifies Seating Standards In The Workplace - Most of the California Industrial Welfare Commission’s industry and occupational wage orders...more

Pull up a Chair: California Supreme Court Weighs in on Suitable Seating

To sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer. Even that’s a stretch. Pull up a seat and I will...more

A Good Deed Never Goes Unpunished When Applying California’s Wage Order Rules on Scheduling Rest Breaks

California courts continue to strictly enforce the State’s meal and rest break laws. A recent case highlights the importance of adopting statutorily appropriate employee rest break procedures. In Rodriguez v. E.M.E.,...more

California Supreme Court Tells Employers to Sit a Spell While Courts Review Individual Factors for Suitable Seating

“Shut the door. Have a seat.” The phrase immediately conjures emotions from the recipient. Most likely, life-changing (typically bad) news is about to be imparted. For Mad Men fans, it harkens to the third-season finale when...more

Are You Sitting Down for This? The California Supreme Court Offers Guidance to Employers For Meeting Their Seating Obligations

Most employers rarely think about their obligation to provide seats for their employees. The California Supreme Court’s recent decision in Kilby v. CVS Pharmacy should have employers standing up and taking...more

The California Edition of the Employment & Labor Newsletter

Take a Seat! California Supreme Court Provides Clarity on California’s Suitable Seating Laws - A recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of...more

To Seat, or Not to Seat: That is the Question

Seyfarth Synopsis: Seats must be provided for each location where the work reasonably permits. It started like a bad joke. A cashier and a bank teller walk into a bar—actually, a federal court served by the Bar—and sue...more

Sitting on the Job: When California Employers Must Provide Seats

Employees are entitled to sit at work when the nature of the work reasonably permits the use of seats. On April 4, 2016, the California Supreme Court, in an opinion authored by Justice Carol A. Corrigan, clarified...more

Only In California: Standing Up For Sitting Down

California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the...more

Question #275: Can We Take A Stand On Employees Sitting?

Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal...more

California Supreme Court Takes a Stand About Employees Sitting

Earlier this week, the California Supreme Court, in Kilby v. CVS Pharmacy, clarified that the suitable seating requirement in several California wage orders may entitle employees to a seat when their tasks can be accomplished...more

Labor & Employment Advisory: California Supreme Court Expands “Suitable Seating” Requirements

In an opinion with far-reaching implications for California employers and one that will change the posture of California’s “suitable seating” law, the California Supreme Court recently provided further guidance on how one of...more

Better Sit Down For This: Court Clarifies “Suitable Seating” Rules

Seyfarth Synopsis in a Second: Suitable seating is required in California where tasks performed at a particular location reasonably permit sitting, and where providing a seat would not interfere with the performance of...more

California Shapes Standards for Suitable Employee Seating Requirements

California wage orders – state-issued employment standards having the force of law – require all working employees to be provided with “suitable seats when the nature of the work reasonably permits the use of seats.” On April...more

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