Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the...more
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more
9/9/2020
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Music Industry ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Writers
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took...more
9/9/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Music Industry ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Writers
Seyfarth Synopsis: The Department of Labor Standards and Enforcement, the Employment Development Department, and CalOSHA now have FAQs addressing how the COVID-19. coronavirus affects California businesses....more
3/10/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Business Interruption ,
Cal-OSHA ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
DLSE ,
EDD ,
Emergency Management Plans ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Payroll Periods ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Salaried Employees ,
Supply Chain ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more
3/5/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Exempt-Employees ,
Federal Labor Laws ,
Furloughs ,
Health and Safety ,
Infectious Diseases ,
Labor Law Violations ,
Layoffs ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more
Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors....more
Seyfarth Synopsis: A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long. While the Court of Appeal’s ruling involved employees of 24-hour residential care...more
Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a...more
On October 10, 2015, the Governor signed AB 1513, which, effective January 1, 2016, will add Section 226.2 to the Labor Code. Section 226.2 will make it even more difficult for California employers to pay employees on a...more
October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more
10/14/2015
/ Amended Legislation ,
Arbitration ,
California Family Rights Act (CFRA) ,
Cheerleaders ,
E-Verify ,
Employer Liability Issues ,
Enforcement ,
FEHA ,
Flexible Work Arrangements ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Grocery Store Workers ,
Healthy Workplaces Healthy Families Act 2014 ,
Holiday Pay ,
Joint Employers ,
Labor Commissioners ,
Labor Law Violations ,
Minimum Wage ,
Paid Sick Leave Act ,
Pay Equity Act (PEA) ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Public Employees ,
Reasonable Accommodation ,
Retail Workers ,
Retaliation ,
Sports ,
Wage and Hour ,
Wage Statements ,
Workplace Gender Equality Act
The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to...more
9/22/2015
/ Arbitration ,
California Family Rights Act (CFRA) ,
Cheerleaders ,
E-Verify ,
Employer Liability Issues ,
Employment Discrimination ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Grocery Stores ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Labor Code ,
Leave of Absence ,
Legislative Agendas ,
Minimum Wage ,
Paid Leave ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Public Employees ,
Rest and Meal Break ,
Retail Workers Bill of Rights ,
Retaliation ,
Veterans ,
Wage and Hour ,
Work Schedules