Seyfarth Synopsis: The Supreme Court just held that employers, when calculating the premium pay due for failing to provide legally compliant meal and rest periods, must include all nondiscretionary payments—not just pay the...more
Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action seeking meal period premium pay, the California Supreme Court reversed the Court of Appeal and held that employers cannot engage in the practice of rounding...more
Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy that was neutral on its face...more
12/21/2018
/ Appeals ,
Business Expenses ,
Class Action ,
Employer Liability Issues ,
Employment Policies ,
Labor Law Violations ,
Rest and Meal Break ,
Unfair or Deceptive Trade Practices ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: A collective bargaining agreement, to permissibly waive a negotiable statutory right, must do so in a clear and unmistakable manner, by mentioning either the statutory protection being waived or the statute...more
8/22/2018
/ Appeals ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Employer Liability Issues ,
Employment Litigation ,
Grocery Stores ,
Rest and Meal Break ,
Statutory Rights ,
Summary Judgment ,
Unions ,
Wage and Hour ,
Waiver of Rights
Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more
4/20/2018
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Res Judicata ,
Rest and Meal Break ,
Settlement Agreements ,
Staffing Agencies ,
Summary Judgment ,
Temporary Employees ,
Unpaid Wages
Seyfarth Synopsis: In Mendoza v. Nordstrom, Inc., the Supreme Court resolved three unsettled questions concerning how to read California’s “day of rest” statutes: Employees are entitled to one day of rest during each...more
Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more
5/24/2017
/ Anti-Harassment Policies ,
Employment Discrimination ,
Exempt-Employees ,
Farm Workers ,
Hiring & Firing ,
Labor Law Violations ,
Minimum Wage ,
Over-Time ,
Piece-Rate Pay ,
Reimbursements ,
Religious Accommodation ,
Rest and Meal Break ,
Sales Commissions ,
Sick Leave ,
Traveling Employee ,
Undocumented Immigrants ,
Unions ,
Vacation Leave ,
Wage and Hour ,
Work Schedules ,
Wrongful Termination
Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more
2/13/2017
/ Appeals ,
Arbitration ,
Class Action Arbitration Waivers ,
Collective Actions ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Grievance Process ,
Hospitals ,
Labor Law Violations ,
Lack of Specificity ,
Motion to Compel ,
Nurses ,
Reaffirmation ,
Rest and Meal Break ,
Unions ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more
On October 10, 2015, the Governor signed AB 1513, which, effective January 1, 2016, will add Section 226.2 to the Labor Code. Section 226.2 will make it even more difficult for California employers to pay employees on a...more
The traditional posture of California employers apprehensive about “gotcha” wage and hour claims is to hunker down and wait for the next lawsuit. But a few brave souls have taken the offensive. We celebrate two examples here....more