The Ninth Circuit Court of Appeal held that time spent logging in to start employees’ shifts should be compensable....more
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more
If you are an employer in California, you are probably familiar with the various employment peculiarities in the state, such as the five-hour meal rule, four-hour (or major fraction) rest rule, piece rate rules, wage...more
The threat of statutory attorney fees to a prevailing plaintiff in a wage and hour lawsuit is often leveraged to force settlements from employer defendants. In a welcomed ruling for employers, a California Court of Appeal...more
Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
1/2/2020
/ Adjudicatory Process ,
Adverse Employment Action ,
Appeals ,
Defense Strategies ,
Department of Corrections ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Failure to Accommodate ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
Performance Reviews ,
Resignation ,
Retaliation ,
Sexual Harassment
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions concerning how (or if) the test should...more
5/29/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour