This is the second of a three-part series addressing the changes in California’s Private Attorneys General Act.
Below, we discuss an employer’s opportunity to cure alleged PAGA violations...more
Earlier this month, Governor Gavin Newsom signed Senate Bill 92 and Assembly Bill 2288 which amended the California Private Attorneys General Act (PAGA). The new legislation is effective immediately....more
Download PDF Last year the California Legislature enacted Assembly Bill 257, with a declared purpose of improving the terms and conditions of employment of fast food workers who, according to the bill, “are the largest and...more
The City of Los Angeles announced its new minimum wage which rises to $16.78 per hour (an increase of $0.74 from the current minimum wage of $16.04), on July 1, 2023.
The increase is based on the Consumer Price Index for...more
2/3/2023
/ California ,
City of Los Angeles ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Mileage Reimbursement ,
Minimum Wage ,
Regulatory Requirements ,
Wage and Hour
As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more
1/4/2023
/ Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Code ,
Labor Commissioners ,
Labor Reform ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Rates ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
The Ninth Circuit Court of Appeal held that time spent logging in to start employees’ shifts should be compensable....more
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more
Following the summer recess, the California Legislature enacted numerous state Senate and Assembly bills taking effect immediately, or in 2023. Here are some with a direct impact on California employers. (Info re other new...more
The California Supreme Court published its decision in Gustavo Naranjo et al., v. Spectrum Security Services holding that employers who fail to pay for meal or rest break premiums, may also be responsible for waiting time and...more
Starting July 1, 2022, all employees covered by the Los Angeles’ Minimum Wage Ordinance will get a raise, earning at least $16.04 per hour. (The current applicable minimum wage for all covered employees is $15.00/hour.)...more
In another detrimental decision for employers, that has retroactive application, the California Supreme Court just complicated calculation of premium pay owed for non-compliant breaks – holding it must include all...more
If you are an employer in California, you are probably familiar with the various employment peculiarities in the state, such as the five-hour meal rule, four-hour (or major fraction) rest rule, piece rate rules, wage...more
Litigating wage and hour claims can be frustrating. Not only do employers have to incur legal expenses, they also have to sometimes defend inflated and inaccurate claims....more
Once in a while, the California Supreme Court makes a ruling which declares unlawful an employment practice previously perceived as lawful. Today, the California Supreme Court in Donohue v. AMN Services, LLC held that...more
On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders....more
1. Can I ask employees to leave the workplace and stay home if I suspect they have COVID-19?
If an employee is exhibiting symptoms related to COVID-19 (i.e., cough, shortness of breath, fever) you may ask the employee to...more
With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more
3/10/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more
2/18/2020
/ Adverse Employment Action ,
Apple ,
CA Supreme Court ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Policies ,
Minimum Wage ,
Over-Time ,
Personal Property ,
Retail Workers ,
Retailers ,
Security Checks ,
Summary Judgment ,
Wage and Hour
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more
10/21/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
FEHA ,
Hiring & Firing ,
Labor Regulations ,
Motion to Compel ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in which persons of different sex, race, and ethnicity earn different...more
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
Last week a California Court of Appeal’s decision concerning the “reporting time pay” wage order rule joined a growing line of other wage order litigation – such as those complaints regarding suitable seating, or rest...more
The 2017-2018 legislative session concluded last month with new laws effecting almost all employers in California. Here’s a summary of the new laws, as well as the bills that would have had a significant impact, but were...more
10/12/2018
/ #MeToo ,
Breastfeeding ,
Conditional Job Offers ,
Confidentiality Agreements ,
Criminal Background Checks ,
Employee Training ,
Employer Liability Issues ,
Governor Brown ,
Governor Vetoes ,
Harassment ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Regulatory Requirements ,
Salary/Wage History ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Strict Compliance ,
Wage and Hour ,
Waiver of Rights
De minimis is a Latin phrase that refers to something of little importance, or very irrelevant. The federal Fair Labor Standards Act (FLSA) recognizes that some employee duties are so small, or take such little time, that...more