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Employer Held Statutorily Obligated to Reimburse Employee's Work-From-Home Expenses

In Thai v. International Business Machines (IBM) Corp. No. A165390 (July 11, 2023), the Court of Appeal of the State of California First Appellate District, held that under Labor Code section 2802(a), the employer is required...more

Employees No Longer Need to Satisfy McDonnell Douglas Test for Whistleblower Retaliation Claims

The California Supreme Court issued an opinion in Lawson v. PPG Architectural Finishes, Inc. (S266001, Jan. 27, 2022), addressing the Ninth Circuit’s question of the proper method for presenting and evaluating a claim of...more

Employer Beware of "Premium Pay" Calculations

In Ferra v. Loews Hollywood Hotel, LLC (“Ferra”), the Supreme Court held that the term “regular rate of compensation” under Labor Code section 226.7, which requires payment for not providing an employee with a compliant meal,...more

Recovery of Attorneys’ Fees Unavailable for Missed Rest and/or Meal Breaks

Although California Labor Code section 218.5 mandates an award of reasonable attorney fees to the prevailing party in any action for the nonpayment of wages, the recent decision in Betancourt v. OS Restaurant Services, LLC,...more

California Supreme Court Holds that Employees Maintain Standing to Pursue a PAGA Claim After Settling Their Individual Labor Code...

On March 12, 2020, in addressing an issue of first impression, the California Supreme Court in Kim v. Reins International California, Inc. (S246911), held that employees do not lose standing to pursue a claim under the Labor...more

Use of Unregistered Acronym on Paychecks Violates Labor Code Section 226

The California Legislature has enacted strict requirements regulating the content that appears on employee wage statements. Labor Code section 226 sets forth the requirements in an extensive list, such as the requirements...more

Court of Appeal Rules Employers Not Required to Reimburse for Non-Uniform Clothing

It is well-known among employers that employees must be reimbursed for necessary expenditures and losses they incur in the discharge of their duties. (See Labor Code § 2802.) California Labor Code sections 6401 and 6403 go...more

Court Orders Retreat From Workers’ Compensation Apportionment To Non-industrial Causes

Workers’ compensation litigation often is driven by disagreement over the apportionment of permanent disability. A vast body of case law exists reflecting the courts’ efforts to resolve conflicts between the provisions of the...more

No Need To Leave The Light On: Motel 6 Not Required To Identify Monetary Value of Employee’s Accrued Vacation on Wage Statement

In Lidia Soto v. Motel 6 Operating, L.P., (Superior Court No. 37-2015-00017074-CI-OE-CTL), published October 20, 2016, the Court of Appeal for the Fourth Appellate District unanimously rejected an employee’s argument that her...more

Retirees Have Standing to Assert Statutory Wage Claims

In McLean v. State of California, et al., Case No. S221554, published August 18, 2016, the Supreme Court of California held that Labor Code sections 202 and 203, which govern prompt payment of an employee’s final wages, apply...more

Attorney Fee Awards In Unpaid Wages Cases – Court of Appeal Clarifies Who Is Entitled To Fees Under Statutory Fee Shifting...

On June 28, 2016, in Rogelio Ramos v. Manuel Garcia (“Ramos”) (Superior Court Case No. 37-2013-00037990-CU-OE-CTL), the Court of Appeal for the Fourth Appellate District reaffirmed that under Labor Code Section 218.5 an...more

No Free “Train” Ride for This Ex-Employee: Court Sides With Employer And Orders Quitting Employee To Pay Back Training Costs

In USS-Posco Industries v. Floyd Case (Ct. of Appeal A140457), published January 26, 2016, the Court of Appeal for the First Appellate District enforced an agreement requiring an employee to repay the costs of employer paid...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

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