News & Analysis as of

CA Supreme Court Employer Liability Issues Employment Litigation

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Fisher Phillips

California Supreme Court Hands Employers Rare PAGA Win by Limiting Powers of Additional Non-Party Plaintiffs

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The California Supreme Court just held that a plaintiff in one PAGA action does not have the right to intervene or object to a judgment in a similar action even if a settlement or other resolution in that similar case results...more

Epstein Becker & Green

California Supreme Court Concludes That PAGA Plaintiffs Lack Standing to Intervene in Other PAGA Lawsuits

On August 1, 2024, in Turrieta v. Lyft et al., the California Supreme Court held that a plaintiff in a Private Attorneys General Act (“PAGA”) action does not have a right to intervene -- or to object to or vacate a judgment...more

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

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Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

Mintz - Employment Viewpoints

A New Chapter in California’s Ongoing PAGA is Lava Saga: PAGA Reform

Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Finds Good Faith Defense For Employers

When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties? Taking its second look at the case, the California Supreme Court ruled that an...more

Weintraub Tobin

California Employment News: Can Pre- and Post-Shift Activities Be Compensated (Podcast)

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Meagan Bainbridge and Lukas Clary from Weintraub Tobin's Labor and Employment Group dive into the California Supreme Court case Huerta vs. CSI Electrical Contractors. Discover the key takeaways for employers on compensable...more

Locke Lord LLP

California Supreme Court Ruling Gives Guidance on Compensable Time Under California ‎Law

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On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors. This ruling provides important guidance as to what does and does not constitute sufficient employer control to make...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Rules on 'Hours Worked'

The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Littler

California Supreme Court Affirms Good-Faith Efforts May Shield Employers in Wage Statement Lawsuits

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In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rules Employer Can Avoid Penalties for Good-Faith Wage Reporting Violation

On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

CDF Labor Law LLP

California Supreme Court Provides Relief and Hope for Good Faith Employers

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This week, the California Supreme Court filed a decision in Naranjo v. Spectrum Security Services, Inc., S279397, holding that “an employer’s objectively reasonable, good faith belief that it has provided employees with...more

Manatt, Phelps & Phillips, LLP

CA Supreme Court Grants Employers Relief on Wage Statement Penalties Under Labor Code Section 226

On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Fisher Phillips

Good Faith Goes a Long Way to Defeat Wage Statement Claims: 4 Tips for Employers After California Supreme Court Win

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Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more

McGuireWoods LLP

California Supreme Court: Exit Security Checks in Personal Vehicles Are Compensable

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On March 25, 2024, the California Supreme Court held that workers are entitled to compensation for time spent undergoing exit security checks that included an inspection of their personal vehicle. In the same decision, the...more

BakerHostetler

California Supreme Court Holds that Employees Must Be Paid for Time Driving Through and To Security Checkpoints

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California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more

Littler

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

Littler on

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage...more

Payne & Fears

California Supreme Court Clarifies When Certain Pre- and Post-Shift Activities Qualify as “Hours Worked”

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An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more

Seyfarth Shaw LLP

California Supreme Court Attempts To Clarify Issues Of Control

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On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more

Buchalter

The California Supreme Court Sends A Message That Any Employer Control Over Employees—Even If The Employees Are Not Actively...

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On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors, which provides certain clarity on nuanced wage and hour issues and the scope of the term “hours worked.” In this...more

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