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Key California Employment Law Case Summaries: July 2023

Kuciemba v. Victory Woodworks  Inc., 14 Cal. 4th 993 (2023)... Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)... Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July...more

Helping Employers Traverse the PAGA Jungle: Key Takeaways

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

Key California Employment Law Case Studies: February 2023

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

Key California Employment Law Case Summaries: September, October, and November 2022

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

Key California Employment Law Case Summaries: May 2022

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

Five Things To Know About California’s New COVID-19 Paid Sick Leave

On Feb. 9, 2022, Gov. Gavin Newsom signed new legislation, COVID-19 Supplemental Paid Sick Leave (Senate Bill 114), into law that will require all employers with more than 25 employees to provide their employees with up to 40...more

Key California Employment Law Cases: September 2021

Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) - Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more

Key California Employment Law Cases: July 2021

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

Key California Employment Law Cases: May 2021

Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) - Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more

California Supreme Court Rejects Use of Rounding Policies for Meal Periods

Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more

Key California Employment Law Cases: January 2021

International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Key California Employment Law Cases: November 2020

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

Key California Employment Law Cases: September 2020

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

[Webinar] 2020 Virtual Employment Law Seminar: Fear Nothing - October 21st, 9:30 am - 3:30 pm PDT

This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more

Key California Employment Law Cases: May 2020

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

California Supreme Court Holds That Time Spent Undergoing Exit Searches Constitutes Compensable "Hours Worked"

On February 13, 2020, in a unanimous opinion, the California Supreme Court held in Frlekin v. Apple Inc., Case No. S243805, that time spent on an employer's premises waiting for, and undergoing, required exit searches of...more

Key California Employment Law Cases: October 2018

This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

[Webinar] Critical Update on New California Employment Laws - December 4th, 10:00am PT

This complimentary webinar will educate business owners, in-house counsel and human resources professionals on important court developments in 2018 and new legislation taking effect in 2019....more

Key California Employment Law Cases: December 2017

Lopez v. Routt, 17 Cal. App. 5th 1006, 225 Cal. Rptr. 3d 851 (2017) - Facts: Plaintiff sued her employer and supervisor for harassment in violation of the California Fair Employment and Housing Act (“FEHA”). The matter...more

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