On September 27, 2022, Governor Newsom signed Senate Bill 1162 (SB 1162), which amends California Government Code section 12999 and California Labor Code section 432.3. SB 1162 expands pay data reporting and increases pay...more
Key Points -
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court held that a failure to provide premium pay for meal or rest break violations under California Labor Code § 226.7...more
On February 18, 2022, in LaFace v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. Feb. 18, 2022), the California Court of Appeal (2nd District) ruled in a published decision that there is no right to a jury trial in claims...more
On December 1, 2021, the California Court of Appeal (4th District) issued its decision in Gunther v. Alaska Airlines, Inc., Case No. D076762, holding that heightened penalties for wage statement violations under Labor Code...more
On October 7, 2021, the California Court of Appeal (4th District) issued its decision in Quinonez v. Payless 4 Plumbing, Inc., Case No. E074467, clarifying what allegations in a notice letter to the Labor and Workforce...more
On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more
Earlier this month, a coalition including the California Chamber of Commerce, California New Car Dealers Association and Western Growers filed a proposed initiative measure entitled The Fair Pay and Employer Accountability...more
On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more
Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim...more
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
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
3/9/2021
/ CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
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
12/23/2020
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Employer Liability Issues ,
Labor Code ,
Labor Regulations ,
New Legislation ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour
- 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
10/1/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Workers' Compensation Claim ,
Workplace Safety
- 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
• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees.
• The most significant laws include a new employee classification law, extension of the statute of limitations for...more
12/17/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
DFEH ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Entertainment Industry ,
Exemptions ,
FEHA ,
Flexible Spending Accounts ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Minimum Wage ,
Minors ,
Misclassification ,
New Legislation ,
No-Rehire Provisions ,
OSHA ,
Restraining Orders ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Workplace Injury
• 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
• 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
9/13/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
• 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
• 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
2/13/2019
/ Breach of Contract ,
CA Supreme Court ,
Clerical Errors ,
Duty of Care ,
Employer Liability Issues ,
Negligence ,
Negligent Misrepresentation ,
Payroll Companies ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour ,
Wage Orders
• 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
2/8/2019
/ Appeals ,
Call-In Pay ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
On-Call Employees ,
Reporting Requirements ,
Retailers ,
Wage and Hour ,
Wage Orders ,
Work Schedules
• 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
5/4/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Wage and Hour ,
Wage Orders
• 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
• In Alvarado v. Dart Container Corp. of California, the California Supreme Court held that California law—unlike federal law—requires employers to calculate overtime by treating flat-sum bonuses as if they were earned during...more
The Department of Labor (DOL) has released its final rule amending the executive, administrative, professional, and computer employee exemptions under the Fair Labor Standards Act (FLSA). The new rule, which goes into effect...more
If you read one thing...
- In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the Ninth Circuit held that both federal and California law permit employer to round employees’ time punches to the...more