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’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
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 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
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
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
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 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.
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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
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
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
With the new year comes new laws that affect California employers. The following is the “A to Z” of changes in law that may affect your business in 2019....more
1/2/2019
/ Ban the Box ,
Defamation ,
Employee Training ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Human Trafficking ,
Independent Contractors ,
Joint Employers ,
Lactation Accommodation ,
Minimum Wage ,
Paid Leave ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
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
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