News & Analysis as of

CA Supreme Court Fair Labor Standards Act (FLSA) Wage and Hour

Jackson Lewis P.C.

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

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

Holiday Gift for Oregon Employers: Security Screenings Are Not Compensable Absent Contract, Custom, or Practice

On December 15, 2022, the Oregon Supreme Court gave employers important clarity regarding compensable work time in Buero v. Amazon.com Services, Inc. The plaintiff in Buero, a warehouse employee, claimed that Amazon had...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

ArentFox Schiff on

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

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

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

Morgan Lewis

California Supreme Court: Meal, Rest, and Recovery Period Premiums Must Be Calculated Based on Hourly and Nondiscretionary Wages

Morgan Lewis on

The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more

Payne & Fears

Key California Employment Law Cases: December 2020

Payne & Fears on

Shirvanyan v. Los Angeles Community. College District, No. B296593, 2020 WL 7706321 (Cal. Ct. App. Nov. 30, 2020) - The availability of a reasonable accommodation is an element of a claim under the Fair Employment and...more

ArentFox Schiff

California Law Governs Offshore Employment Relationships

ArentFox Schiff on

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

Proskauer - California Employment Law

California Employment Law Notes - March 2020

Time Spent By Employees In Exit Searches Is Compensable - Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) - In this opinion, the California Supreme Court answered a question certified to it by the United...more

BakerHostetler

CA Supreme Court Publishes "Hours Worked" Decision

BakerHostetler on

The California Supreme Court has concluded that employees must be compensated for time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices. ...more

Fisher Phillips

Web Exclusive - September 2019: The Top 11 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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more

Fisher Phillips

When Union Contracts And Overtime Law Conflict: Court Provides Balance For Employers

Fisher Phillips on

The federal appeals court that oversees cases arising from California recently handed down an opinion that helps provide guidance to those employers trying to comply with collective bargaining agreements while simultaneously...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...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

Seyfarth Shaw LLP

Oh, The Places The California Supremes Will Go!

Seyfarth Shaw LLP on

Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v....more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

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

Proskauer - California Employment Law

California Employment Law Notes - November 2018

Employee Non-Solicitation Provision Was An Unenforceable Restraint - AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) - AMN and Aya are competitors in the business of providing...more

Manatt, Phelps & Phillips, LLP

Starbucks to Face Suit Over De Minimis Time

Starbucks to Face Suit Over De Minimis Time - Why it matters - A putative class action against Starbucks will move forward after the U.S. Court of Appeals, Ninth Circuit applied the reasoning of the California Supreme...more

Fisher Phillips

Of Trifles And Truffle Mochas: How A Recent Case Against Starbucks May Impact Retailers

Fisher Phillips on

This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent. The court held that California...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 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

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