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California Court of Appeal Approves Limiting or Striking Unmanageable PAGA Claims

In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more

California Supreme Court Holds Break Premiums Must Account For Nondiscretionary Payments In Addition to the Hourly Rate of Pay

Key Points - In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held that premiums paid for missed meal, rest or recovery periods must include nondiscretionary pay, not just hourly wages. The decision...more

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

Reminder: New California Employment Laws for 2021

Key Points: - Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. - The most significant laws include new obligations to report employee pay data, an...more

Cal/OSHA Issues Emergency COVID-19 Regulations

Key Points - Cal/OSHA issued new emergency regulations regarding COVID-19 prevention and outbreaks in the workplace that are applicable to nearly all California employers, which were approved and became effective November...more

New California COVID-19 Employment Laws Require Attention

- California has implemented a broad supplemental sick leave law requiring employers with 500 or more employees (and health care employers with fewer than 500 employees) to provide their California workers with up to 80 hours...more

New Bay Area COVID-19 Related Paid Sick Leave Ordinances

- On April 7, 2020, San Jose and San Francisco (as amended April 14, 2020) passed emergency ordinances expanding on the paid sick leave provided under the Family First Coronavirus Response Act (FFCRA) and its Emergency Paid...more

What Shelter-in-Place, Shut-down and Closure Orders Mean for Businesses

- Numerous jurisdictions across the country are enacting a patchwork of different shelter-in-place, shut-down and closure orders in response to COVID-19. - In some jurisdictions, businesses can look to federal CISA...more

COVID-19 and Workforce Reductions: Federal and California WARN Act Considerations for Employers

- Due to severe restrictions aimed at curbing the spread of coronavirus (COVID-19), some businesses are being forced to significantly reduce staff, and many will likely close altogether for at least some period of time. -...more

Work-From-Home Legal Issues Checklist

Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. Where a company must suspend work or close a work location, the...more

California Supreme Court Holds That Time Employees Spent On Mandatory Exit Inspections Is Compensable

- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable. - The decision rejects the holding by some lower courts that if employees could...more

California Supreme Court Holds That Unpaid Wages Are Not Recoverable Under PAGA

• On September 12, 2019, in ZB, N.A. v. Superior Court (Lawson), Case No. S246711, the California Supreme Court held the Private Attorneys General Act (PAGA) does not allow recovery of unpaid wages under Labor Code Section...more

California Legislature Passes Landmark Worker Classification Legislation

• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more

Ninth Circuit Withdraws Opinion on Dynamex Retroactivity

• The Ninth Circuit has withdrawn its May 2, 2019, opinion in Vazquez v. Jan-Pro Franchising Int’l, Inc., in which it held that the California Supreme Court’s Dynamex decision regarding independent contractors and employees...more

Ninth Circuit: Dynamex Decision On Independent Contractor vs. Employee Applies Retroactively

• In Vazquez v. Jan-Pro Franchising Int’l, Inc., the 9th Circuit held that a landmark California Supreme Court decision regarding independent contractors and employees applies retroactively. • The 9th Circuit held that the...more

California Supreme Court Holds that Employee Cannot Bring Wage Claims Against Payroll Service Provider

• The California Supreme Court recently held that an employee could not pursue contract and tort claims against a payroll service provider for unpaid wages. • The Court found that (1) an employee was not a “third-party...more

California Case Expands Reporting Time Pay Requirements

• The California Court of Appeal recently expanded the application of reporting time pay to certain types of “on-call” shifts. • If an employer requires an employee to call in or otherwise contact the employer to find out...more

Avoiding “The Predator” Controversy: Are Background Checks a Solution?

In August 2018, Twentieth Century Fox (Fox) pulled a scene from the recent The Predator sequel after learning from the film’s female star that Steven Wilder Striegel, an actor featured in that scene, is a registered sex...more

California Adopts New Test for Independent-Contractor Status

• In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted a new standard for determining whether workers should be classified as employees or as independent contractors for purposes of the...more

9th Circuit Rules That Employers Cannot Rely on Applicant’s Prior Salary to Justify Wage Disparities under the Equal Pay Act

• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act. • The 9th Circuit ruling does not address whether...more

California Commissioned Salespersons May Be Entitled to Separate Compensation for Wide Range of Activities in Addition to Rest...

Commissioned salespersons are employed in a variety of industries. While “outside salespeople” are generally exempt from minimum wage and meal and rest break requirements, so-called “inside” salespeople working at a retail...more

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