News & Analysis as of

Employer Liability Issues State Labor Laws Wage Orders

Seyfarth Shaw LLP

Signs You Can’t Ignore If You’re Doing Business in California

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California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace...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

Littler

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

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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

Snell & Wilmer

Back From the Dead: California Legislature Resurrects the Industrial Welfare Commission

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On July 10, 2023, Governor Newsom signed Assembly Bill 102 (“AB 102”), amending the Budget Act of 2023. Buried in this seemingly innocuous appropriations bill is a provision that could mean more burdensome wage and hour...more

Stokes Wagner

Recent California Case May Cause Employers to Rethink How They Provide Employees with Suitable Seating

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Most California employers understand that they are required to provide suitable seating to employees when the nature of their work reasonably permits the use of seats. However, a California Court only recently opined on...more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

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On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

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In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Payne & Fears

California Supreme Court Rejects Use of Rounding Policies for Meal Periods

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Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more

Payne & Fears

California Supreme Court Holds That Dynamex Applies Retroactively

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Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the...more

Dorsey & Whitney LLP

California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively

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Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...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

Littler

Littler Lightbulb: What’s New in Colorado?

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Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State....more

BakerHostetler

[Event] COMPS Order: Impacts of New Wage and Hour Laws on Your Business - March 25th, Denver, CO

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Wage and hour law remains a compliance conundrum for most employers. And now that Colorado has issued a new wage order titled, Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”), Colorado employers are...more

BakerHostetler

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

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Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private...more

Holland & Hart - Employers' Lawyers

CO Department of Labor and Employment Adopts New Wage and Hour Rules

On Wednesday, January 22, 2020, the Colorado Department of Labor and Employment (“CDLE”) adopted the Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36, which replaces Colorado Minimum Wage Order #35. The...more

Fisher Phillips

Recent Meal Period Cases Require Employers To Review Their Current Practices

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The year 2019 brought a number of adjustments in the legal landscape for California employers – and meal periods were no exception. California appellate courts buckled down on the interpretation of statutory language in two...more

Seyfarth Shaw LLP

New York Department of Labor Recommends Elimination of the Tip Credit for "Miscellaneous" Industries

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Seyfarth Synopsis: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more

Littler

New York Governor Orders Elimination of the Tip Credit for Employers Subject to the Minimum Wage Order for Miscellaneous...

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For over a year, New York State employers harbored concerns that New York State would enact rules that would eliminate their ability to apply a tip credit towards the wages of employees who earn tips. ...more

Sheppard Mullin Richter & Hampton LLP

Back to the Joint Employer: Having Changed the Classification Test for Independent Contractors, Will the California Legislature...

As reported... California recently enacted new legislation – Assembly Bill 5 – that expanded the scope of an “employee” under state law. Beginning January 1, 2020, the answer to whether a person providing services in...more

Allen Matkins

Has California Made Directors Employees?

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On September 18, 2019, California Governor Gavin Newsom signed AB 5 into law effective January 1, 2020.  This legislation is intended to make it more likely that a worker will be classified as an employee. It effects this...more

Fisher Phillips

Drastic Revisions To Colorado’s Wage And Hour Laws Are Coming

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The Colorado Department of Labor and Employment just published proposed regulations that will dramatically overhaul the state’s wage and hour laws. This sweeping reform has the potential to impact every employer doing...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus On California- Requirements for “Suitable Seats”

Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more

Payne & Fears

California Court of Appeal Provides Further Clarity on Scope of Dynamex

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Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

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On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

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