Latest Posts › Wage and Hour

Share:

California Supreme Court Retroactively Penalizes Employers on Meal and Rest Breaks

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

Wage Statements: Tomayto, Tomahto, Call the Whole Thing Off?

Seyfarth Synopsis: Two appellate courts applying California law have rejected hypertechnical challenges to the adequacy of wage statements under Labor Code section 226. The decisions provide some clarity, remind us that the...more

Is Rounding Now Out To Lunch?

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

Certain Per Diem Payments Increase The FLSA Regular Rate

Seyfarth Synopsis: The Ninth Circuit has held that a weekly per diem benefit paid by a healthcare staffing agency to its traveling clinicians is a wage that increases the employee’s regular rate used to calculate overtime...more

California ABC Test Not FAAAA-Preempted

Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California...more

PAGA Claims Limited to Recovery of Civil Penalties

Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under...more

California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review

Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the...more

California Supreme Court Rejects Conversion Claim for Unpaid Wages

Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....more

Is “Calling It In” Really “Reporting For Work”?

Seyfarth Synopsis: Traditionally, “report for work” has meant physically showing up at the jobsite, ready to work. ...more

Employer Wins A Round In Wage Case

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

Certified Tire: Not Your Average Compensation System

Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees...more

Uber Epic: Arbitration Agreement Topples Class Claims

Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more

Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver

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

Termination Pay Penalties: Easy To Incur, Impossible To Reduce?

Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more

Silver Lining in a California Wage and Hour Cloud

Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime. But employees cannot recover penalties for accurate wage statements,...more

High Court Applies “ABC” Test When Assessing Independent Contractor Status

Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, held that “engage, suffer or permit to work” determines employee status for Wage Order claims...more

Paltry Prerequisites for PAGA Penalty Paystub Plaintiffs

Seyfarth Synopsis: California employees who are denied adequate wage statements (“paystubs”) can sue for penalties. Paystub penalty plaintiffs generally must prove they suffered an “injury” caused by the employer’s “knowing...more

“Coercive” And “Disturbing” Arbitration Agreement Upheld Over Labor Commissioner’s Protest

Seyfarth Synopsis: In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership’s mandatory arbitration agreement. The agreement required employment disputes to be arbitrated under normal civil litigation...more

California Supreme Court Defines “Day of Rest” Requirements

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

Picking a Fight: How California Makes Employment Law Peculiar

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

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

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

National Airline Flies Past California Peculiarities

Seyfarth Synopsis: A California federal judge has held that an out-of-state employee’s limited presence in California is not enough on its own to require the employer to comply with California wage and hour laws. Oman v....more

Courts to Consider Theories, Not Facts, on Certification

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

Wage Statements Need Not Reflect Value of Accrued Vacation

Seyfarth Synopsis: Accrued vacation pay is not a category that must appear on employee wage statements. California Labor Code section 226 requires employers to report various categories of information on employee wage...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide