When an employer “discharges” an employee, California Labor Code section 201(a) provides that “the wages earned and unpaid at the time of discharge are due and payable immediately.” California also treats vacation and paid...more
As the COVID-19 pandemic took hold in early 2020, state and local governments issued stay-at-home orders. The sudden change to stay-at-home work caught many businesses by surprise, and compelled many employees, who were...more
Last year, in Naranjo v. Spectrum Security Services, Inc., 13 Cal.5th 93 (2022), the California Supreme Court held that an employer’s failure to timely pay premium pay for meal and rest break violations could subject the...more
In another reversal of course, the US Ninth Circuit Court of Appeals cleared the way again for California employers to require arbitration agreements. The latest 2-1 decision in Chamber of Commerce v. Bonta, issued on...more
The California Occupational Safety and Health Standards Board’s COVID-19 Prevention Non-Emergency Regulation is now in place. It took effect on February 3, 2023, following approval by the state’s Office of Administrative...more
Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more
Further expanding generous protected employee leaves, California now will require most private employers to provide up to five days of bereavement leave for a covered family member’s death. Assembly Bill 1949, which Governor...more
Most of California’s Industrial Welfare Commission (IWC) wage orders mandate that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The California Court of...more
Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics.
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8/1/2022
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CA Supreme Court ,
California ,
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Healthy Workplaces Healthy Families Act 2014 ,
Independent Contractors ,
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Labor Commissioners ,
Liquidated Damages ,
Minimum Wage ,
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Sick Leave ,
Statute of Limitations ,
Unfair Competition ,
Wage and Hour
Under federal and California law, employers must include most bonuses and incentives in the “regular rate” for paying overtime, as well as meal and rest period premium pay. Often, such as with a monthly or quarterly bonus, an...more
Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more
7/26/2021
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California ,
Class Action ,
Compensation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Meal Penalties ,
New Regulations ,
Rest and Meal Break ,
Wages
When California employers have arbitration agreements with employees, those agreements may encompass a dispute concerning wages. If an employee sues for wages, the employer can petition the court to compel arbitration based...more