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California Employers Must Pay Meal and Rest Period Premiums at the Regular Rate of Pay

When a California nonexempt employee is not provided a meal or rest period, Cal. Labor Code 226.7 requires an employer to pay a penalty to that employee in the amount of one hour of that employee’s “regular rate of...more

California Supreme Court: Employee Time Punches Are Presumptive Evidence of Meal Period Compliance

California’s Supreme Court issued an opinion today that will likely further increase employers’ risk of class action lawsuits arising out of meal periods. The court made two significant holdings: 1. While employers are...more

Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages’ to Determine the Regular Rate

In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while...more

California Expands Family Leave to Employees of Small Employers

California passed a new law expanding family leave rights to employees working for employers with five to 50 employees. The family leave rights were previously limited to employees of employers with more than 50 employees....more

California Enacts COVID-19 Sick Leave for Workers

This week, California enacted a law, Assembly Bill (AB) 1867, providing supplemental COVID-19-related sick leave to food-sector workers and any worker employed by a company with 500 or more employees nationwide. The law...more

CA Supreme Court Publishes "Hours Worked" Decision

The California Supreme Court has concluded that employees must be compensated for time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices. ...more

California Court of Appeal Concludes Practice Is More Important Than Policy for Class Certification

A California Court of Appeal issued a Christmas Eve ruling setting out the significance of a written employment policy for class certification purposes. ...more

The Playbook: Now That California Has Passed AB 5, What Are the Options for Businesses Using Independent Contractors?

The Law - On September 19, 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The law takes effect January 1, 2020, although some provisions may be applied retroactively. ...more

CA Supreme Court Rules That Employees Cannot Recover Unpaid Wages Through PAGA

California’s Supreme Court has cut off an area of significant potential exposure for California employers by ruling that employees cannot recover unpaid wages on behalf of themselves and other aggrieved employees through...more

Employees Calling In to Work Before a Scheduled On-Call Shift Are "Reporting for Work" and Entitled to Reporting Time Pay,...

When a California employee is scheduled for an on-call shift and company policy requires her to call in two hours beforehand to see whether she must work that shift, is that employee “reporting for work” even if that employee...more

California Supreme Court: Payroll Companies Not Liable to Client’s Employees for Unpaid Wages

The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that...more

California Courts Limit Derivative Wage Statement Claims

A common tactic for plaintiffs bringing wage and hour claims is to tack onto those claims an inaccurate wage statement claim under California Labor Code § 226. ...more

The California Supreme Court To Decide Whether California’s Labor Laws Apply To Employees Who Work Only Partially In California

For a company that does 100 percent of its business in California and employs workers who perform 100 percent of their work in California, it would not be surprising for the workers’ employment to be governed by California’s...more

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