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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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