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Cal. Court of Appeal Affirms Validity of Prospective Meal Break Waivers

On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced. The case, La Kimba Bradsbery et al. v. Vicar Operating,...more

Deal Reached on Proposed PAGA Amendments to Avert a November Vote on PAGA Repeal

Yesterday, California Governor Gavin Newsom announced that labor and business groups concluded their ongoing negotiations and reached an agreement to reform California’s Private Attorneys General Act (PAGA). The agreement is...more

California Supreme Court Provides Relief and Hope for Good Faith Employers

This week, the California Supreme Court filed a decision in Naranjo v. Spectrum Security Services, Inc., S279397, holding that “an employer’s objectively reasonable, good faith belief that it has provided employees with...more

Appellate Court Holds That Percentage Bonuses Can Be Calculated Using FLSA Method

In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more

[Webinar] Is There a Solution for the PAGA Problem in California? - December 16th, 10:00 am PT

Thousands of employers operating in California have the unfortunate experience of defending a lawsuit filed under California’s infamous Private Attorneys General Act (PAGA). Data from the state’s Labor and Workforce...more

Employers Gain Defense Against Unmanageable PAGA Claims

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

CA Supreme Court Interprets Break Premium Pay Requirement To Give Employees Higher Pay

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour...more

Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits

The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more

9th Circuit Confirms Limited Application of Heightened Penalties for “Subsequent” Labor Code Violations

On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more

9th Circuit Decision Requires Employers to Reevaluate Expense Reimbursement Procedures

This week, the Ninth Circuit Court of Appeals held that an employer’s per diem expense reimbursement payments functioned as compensation for work rather than business expense reimbursements. As a result, the employer was...more

Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules

The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more

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