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California Supreme Court Recognizes Good Faith Defense to Wage Statement Violations

On May 7, 2024, the California Supreme Court resolved a lower court split over the meaning of a “knowing and intentional failure to comply” under California Labor Code Section 226, which dictates requirements for providing...more

California Supreme Court rejects manageability as a basis to strike PAGA claims

Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more

California High Court Rejects Manageability as a PAGA Consideration

On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more

California Expands Its Pay Transparency Law

On September 27, 2022, Governor Gavin Newsom signed Senate Bill (SB) 1162 expanding the scope of California’s existing pay transparency laws. SB 1162 imposes new requirements for pay information in job postings, extends...more

The Impact to Employers Resulting from the DOL’s Withdrawal of the Independent Contractor Rule

On January 7, 2021, when Trump was still in office, the Department of Labor (“DOL”) published a new, employer-friendly rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The...more

California Justices Say Overtime Rules Apply To Missed Meal Breaks

On Thursday, July 15, 2021, the California Supreme Court issued an opinion with respect to meal period premiums, impacting employers who provide nondiscretionary payments for work performed by their employees. In Ferra v....more

DOL Withdraws Independent Contractor Rule

On January 7, 2021, the Department of Labor (“DOL”) published a new rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The “Independent Contractor Rule” had an initial effective...more

California Reinstates Supplemental COVID-19 Paid Sick Leave

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  On March 19, 2021, California Governor Gavin Newsom signed SB 95, reinstituting...more

DOL Issues Important Overtime Update for Commission-Based Retail and Service Industry Employees

On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under...more

San Francisco Issues Emergency Sick Leave Ordinance for Employers of 500+ Employees

On April 17, 2020, San Francisco Mayor London Breed signed into law the San Francisco Public Health Emergency Leave Ordinance (PHELO or Ordinance), adding San Francisco to the growing list of local jurisdictions issuing their...more

Layoffs, Furloughs, and Terminations: Practical Considerations for Employers in the Age of COVID-19

The spread of the novel coronavirus and the numerous shelter-in-place or stay-at-home orders issued across the country in response have presented unique and challenging issues for employers. Significantly, many businesses who...more

California Supreme Court Restricts De Minimis Defense in State Law Claims for Small Amounts of Unpaid Wages

Under the federal Fair Labor Standards Act, a well-established body of law rejects claims for unpaid minimum wages and overtime based on very small increments of time that are administratively difficult to record. This...more

California Supreme Court Adopts a More Streamlined Worker Friendly Test to Determine Independent Contractor Status

In a broad-ranging decision issued on April 30, 2018, the Supreme Court of California announced a new legal standard to determine whether a worker is an employee or an independent contractor under California law, adopting a...more

Ninth Circuit Rules That Prior Salary Cannot Justify Gender Pay Differentials Under the Equal Pay Act

On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal...more

California Supreme Court Establishes Overtime-Calculation Formula for Employees Receiving Flat-Sum Bonuses

Under both federal and state law, overtime compensation owed to a nonexempt employee must be based on the employee’s “regular rate of pay.” That regular rate includes not only the employee’s standard hourly rate but also an...more

US Department of Labor Issues Updated Guidelines for Internship Programs Under the Fair Labor Standards Act

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more

California Enacts Law Barring Pre-Employment Inquiries About Salary History

On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for...more

Judge Issues Order Invalidating DOL Exempt-Employee Salary Rule

Last November, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in the case of Nevada v. U.S. Dep’t of Labor that put on hold the U.S. Department of Labor’s Final...more

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