Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....more
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022)
Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...more
Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) -
Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more
12/14/2020
/ ABC Test ,
Arbitration ,
Arbitration Agreements ,
Business & Professions Code ,
Confidential Information ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Policies ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Non-Compete Agreements ,
Preemption ,
Sexual Harassment ,
State Labor Laws ,
Unfair Competition Law (UCL) ,
Wage and Hour
Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) -
Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more
10/14/2020
/ Appeals ,
Arbitration ,
Calculation of Damages ,
Collective Bargaining ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Healthcare Workers ,
Judicial Review ,
Piece-Rate Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Betancourt v. OS Rest. Servs., LLC, No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) -
Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of...more
6/9/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Equitable Estoppel ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour
In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more
10/5/2018
/ Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employment Contract ,
Federal Arbitration Act ,
Motion to Compel ,
NLRA ,
Opt-Outs ,
Reversal ,
Uber ,
Unconscionable Contracts