On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more
On November 8, 2023, the California Supreme Court heard oral argument in Estrada v. Royalty Carpet Mills, Inc., a case that could have profound implications for the future of Private Attorneys General Act (PAGA) litigation. ...more
On August 30, 2023, the U.S. Department of Labor (“DOL”) released its proposed new rule on the “white collar” overtime exemptions. The new rule, which would be codified in a revised 29 C.F.R. Part 541, will be published...more
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing...more
On March 10, 2023, financial markets were rocked by uncertainty over the future of certain significant financial institutions. Among other concerns, bank failures raise the prospect of temporary or long-term cash flow...more
On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect,...more
On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”). Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of...more
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the...more
California’s minimum wage currently is double its federal counterpart. And, it’s going to keep climbing. Late last week, Gov. Newsom announced that the Golden State’s minimum wage will increase to $15.50 for all employers...more
The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills pending before the California Legislature. This year’s list includes bills that would, among other things, inflate...more
4/18/2022
/ California ,
Employee Benefits ,
Employment Discrimination ,
FEHA ,
Labor Reform ,
Labor Relations ,
Marijuana ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Workers Compensation Reform
In recent years, countries such as Iceland and Belgium and some domestic companies have experimented with the concept of four-day workweeks. Now, a new bill proposed by California Assemblymembers Cristina Garcia (D-Bell...more
4/15/2022
/ California ,
Employer Liability Issues ,
Exempt-Employees ,
Flexible Work Arrangements ,
Labor Reform ,
Minimum Workweek ,
Non-Exempt Employees ,
Over-Time ,
Pending Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
As we reported recently, California’s legislature enacted Assembly Bill 84 on Monday; the state’s Senate enacted the law’s counterpart the same day, Senate Bill 114. The new statute sought to reestablish statewide...more
2/10/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Code ,
Labor Reform ,
New Legislation ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
On February 7, 2022, there were two big COVID-19-related news developments in the Golden State: First, Gov. Newsom announced that California’s mask mandates would expire on February 15th. Second, the legislature voted to...more
2/9/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section...more
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal...more
Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family...more
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which is intended to fill gaps left by the Families First Coronavirus Response Act (“FFCRA”). The new law requires that private employers with 500...more
Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more
8/25/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Uber ,
Wage and Hour
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more
7/28/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Schedules ,
Discovery ,
Employment Litigation ,
Excusable Neglect ,
Filing Deadlines ,
Furloughs ,
Local Rules ,
Scheduling Orders ,
Wage and Hour
Today March 12, 2020, the California Supreme Court issued its long-awaited opinion in Kim v. Reins Int’l Cal., Inc., holding that an employee’s settlement and dismissal of underlying Labor Code claims does not deprive the...more
Today, in Frlekin v. Apple, Inc., the California Supreme Court held that time spent by non-exempt employees undergoing mandatory bag or other security checks is compensable work time under California law. The decision stands...more
Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal....more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour