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Meal or Rest Break Premiums Do Not Trigger Waiting Time or Wage Statement Penalties

Update February 10, 2021: This blog has been updated to reflect current guidance about California meal and rest break laws. On September 26, 2019, California’s Second District Court of Appeals in Gustavo Naranjo, et al. v....more

California Unlimited Paid Time Off and Pay At Separation

California Labor Code Section 227.3—which requires “earned and unused vacation” paid at separation of employment—may apply to an informal, nonaccrual, “unlimited” paid time off policy. In McPherson v. EF Intercultural...more

California Employer’s Call-In Policy Triggers Reporting Time Pay

“Reporting time” pay must be paid when an employee is required to call in before their shift to find out if they have to work that shift. On March 19, 2020, the United States Court of Appeals for the 9th Circuit in Herrera v....more

California Employees Must Be Paid for Time Spent During Security Checks

Employers must pay their California employees for time spent on the employer’s premises waiting for and undergoing required exit searches of employee’s bags, packages, and other personal items, even if these items were...more

When Does a Service Charge Become a Tip in California?

On October 31, 2019, California’s First District Court of Appeal in Lauren O’Grady v. Merchant Exchange Productions, Inc. held that a "service charge" could be a "gratuity" under Labor Code Section 351, such that it would be...more

Meal or Rest Break Violations Do Not Trigger Waiting Time or Wage Statement Penalties

On September 26, 2019, California’s Second District Court of Appeals in Gustavo Naranjo, et al. v. Spectrum Security Services, Inc. held that unpaid premium wages for meal break violations do not entitle employees to...more

California Supreme Court Limits Scope of Recovery Under PAGA

On September 12, 2019, the California Supreme Court in ZB, N.A. v. Superior Court (Lawson) held that unpaid wages under Labor Code Section 558 are not recoverable under the Private Attorneys General Act (PAGA). ...more

California Court of Appeal Expands Reporting Time Pay to Include Employer's Call-In Policy

On February 4, 2019, a California Court of Appeal ruled in Ward v. Tilly's that an employer must pay reporting time pay to employees who are required to call in two hours before a potential shift to learn whether they are...more

California Local Ordinance Update Effective July 1, 2018

The minimum wage increased in numerous California cities and counties effective July 1, 2018....more

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

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