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
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
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
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
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
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
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
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
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
8/11/2021
/ Administrative Law Judge (ALJ) ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
FEHA ,
Labor Code ,
Labor Regulations ,
NLRA ,
NLRB ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rate of Pay ,
State Labor Laws ,
Unions ,
Wage and Hour
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
6/11/2021
/ Arbitration Agreements ,
Article III ,
Demurrers ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Standing ,
Unruh Civil Rights Act ,
Wage and Hour ,
Wage Statements
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
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
2/12/2021
/ Arbitration Agreements ,
Commercial Truck Drivers ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FMCSA ,
Independent Contractors ,
Labor Code ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
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
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
9/24/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Layoffs ,
Misclassification ,
Political Expression ,
Political Speech ,
Remote Working ,
Risk Mitigation ,
Social Media Policy ,
State Labor Laws ,
Tax Liability ,
Wage and Hour ,
Webinars
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
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more
5/27/2020
/ California Family Rights Act (CFRA) ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Failure to Accommodate ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Government Lockdown ,
Health Insurance Portability and Accountability Act (HIPAA) ,
High Risk Covid Employees ,
Labor Law Violations ,
Local Ordinance ,
Popular ,
Re-Opening Guidelines ,
Rehiring Issues ,
Remote Working ,
Retaliation ,
Risk Assessment ,
Shelter-In-Place ,
State Labor Laws ,
Voluntary Reduction in Force ,
Wage and Hour ,
Workplace Safety
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
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
12/3/2018
/ ABC Test ,
Alter Ego ,
Appeals ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Corporate Officers ,
Drivers ,
Employer Liability Issues ,
Incentive Compensation ,
Independent Contractors ,
Labor Law Violations ,
Minimum Wage ,
Misclassification ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Reversal ,
Summary Judgment ,
Taxi Cabs ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
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
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
1/29/2018
/ Appeals ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
FEHA ,
Frivolous Lawsuits ,
Harassment ,
Jury Trial ,
Labor Law Violations ,
Motion to Compel ,
Prevailing Party ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statutory Penalties ,
Title VII ,
Unpaid Wages ,
Vacated ,
Wage and Hour
May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more
7/10/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Employer Liability Issues ,
Off-Duty Employee Access ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Work Schedules