California Employment News: Professional and Administrative Pay Exemptions
Podcast: California Employment News - Professional and Administrative Pay Exemptions
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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more
Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief. On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more
On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the...more
Geht der Kündigungsschutzprozess für den Arbeitgeber verloren, freuen sich viele Arbeitnehmer auf die rückwirkende Auszahlung des ausstehenden Gehalts: Sie fordern Annahmeverzugslohn. Dabei vergessen sie oft, dass auf den...more
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
The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more
Over the past decade, California employers have reasonably relied on consistent rulings from courts as well as state and federal administrative agencies upholding the validity of time rounding systems as long as they are...more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more
Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more
The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more
On Monday, June 14, 2021, the Colorado Supreme Court issued a long-awaited decision prohibiting so-called “use-it or lose-it” vacation policies. In Nieto v. Clark's Market, 19SC553, the Supreme Court overturned both the trial...more
On Monday 13 April 2020, the High Court released its judgment in the United Kingdom’s first case relating to the government’s recently announced Coronavirus Job Retention Scheme (“CJRS”). The case considered the use of the...more
Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more
The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more
Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
Battle Royal – handling of boardroom dispute was repudiatory breach - The High Court decision in Stobart Group Ltd v Tinkler explores the extent of a director's duties in the context of a boardroom dispute....more
In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”). ...more
Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent’s president, asserting that he had not been fired for cause and was thus owed...more
Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more
On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more
Seyfarth Synopsis: The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance under the FLSA is the workweek as a whole, rather...more
Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more
Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more