News & Analysis as of

CA Supreme Court Fair Labor Standards Act (FLSA) Appeals

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

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Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

Stokes Wagner on

On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

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Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

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Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

ArentFox Schiff

California Law Governs Offshore Employment Relationships

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California Court of Appeal held that California’s wage and hour laws apply to seamen working on a ship outside of California’s jurisdictional limits. On December 7, 2020, the California Court of Appeal (Second Appellate...more

Payne & Fears

Key California Employment Law Cases: March 2020

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Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020)  - Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more

McDermott Will & Emery

Worker Classification: Complications Beyond the Front Page

California’s Dynamex Rolls Out The ABC Test And The Presumption Of Employment - ? The burden is placed on the employer to prove IC status ? Individual is deemed an employee unless employer demonstrates prongs A, B, and...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Developments (July Edition)

Littler on

Usually legislative and regulatory developments slow down in the summer months, which is good news because July brings more pressing matters than reading bills or proposed rules, like eating too many hot dogs or yelling at an...more

Bradley Arant Boult Cummings LLP

How Much Is Closing a Door Worth? The California Supreme Court Addresses the De Minimis Doctrine - Labor & Employment Newsletter

On August 6, 2012, Douglas Troester, a former shift supervisor at a Starbucks location, filed a lawsuit against Starbucks in state court in Los Angeles, California. Mr. Troester filed his lawsuit on behalf of himself and a...more

Farella Braun + Martel LLP

California Supreme Court Declines to Apply Federal Excuse for Short Unrecorded Work Periods

Last week, in Troester v. Starbucks, a unanimous California Supreme Court held that California labor statutes and wage orders do not incorporate federal de minimis work exceptions. Yet, the Court declined to define when, if...more

Payne & Fears

California Supreme Court Rejects Federal De Minimis Doctrine for State Wage Claims

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On July 26, 2018, in a unanimous decision, the California Supreme Court in Troester v. Starbucks Corporation held that the federal "de minimis doctrine" does not apply to claims for unpaid wages under the California Labor...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Payne & Fears

Key California Employment Law Cases: March 2018

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This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

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