The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more
California law does not require employers to provide their employees with paid vacation. However, if an employer has a policy providing its employees with paid vacation, the administration of the benefits is strictly...more
10/5/2020
/ Appeals ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Code ,
Non-Residents ,
Paid Leave ,
Paid Time Off (PTO) ,
Severance Agreements ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour
Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more
10/8/2019
/ CA Supreme Court ,
Compensation ,
DLSE ,
Employer Liability Issues ,
Labor Code ,
Minimum Wage ,
Over-Time ,
Pending Litigation ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Wage and Hour
Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more
1/4/2019
/ Appeals ,
CA Supreme Court ,
Compensation ,
Employee Commissions ,
Employer Liability Issues ,
Labor Code ,
Minimum Wage ,
Payroll Records ,
Petition for Review ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Wage and Hour ,
Wage Orders
The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more
7/6/2018
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Entrepreneurs ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Misclassification ,
Retroactive Application ,
Right to Control ,
State Labor Laws ,
Terms and Conditions ,
Wage and Hour ,
Wage Orders
On Monday, July 25, 2016, the Fresno County Superior Court denied a request to postpone the deadline for qualified employers to notify the Department of Industrial Relations (DIR) of their election to participate in the...more
California employers continue to struggle with how to comply with their obligation to provide meal and rest periods to their non-exempt employees. Although the California Supreme Court’s groundbreaking Brinker decision from...more
California leads the nation in vigilantly regulating the conditions which constitute “hours worked.” Definitions are established, modified, and expanded by the California Labor Code, its Wage Orders, and decisions by...more