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Employer Liability Issues State Labor Laws Wage Statements

Ervin Cohen & Jessup LLP

Stricter Controls Over Wage Statement Penalty Awards Are a Gift For Some

Ervin Cohen & Jessup LLP on

California law has long held that an employer’s good faith dispute over wages owed, if any, to its employees will preclude the imposition of “waiting time” penalties otherwise due following the termination of their...more

Epstein Becker & Green

Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

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In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] 2024 Labor & Employment Seminar - November 6th, San Diego, CA

Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely,...more

Kelley Drye & Warren LLP

It’s a Win-Win for California Employers

This spring, California employers received two rare and substantial victories, alleviating some of the burden caused by frequent and costly wage and hour claims that plague California businesses. In 2023 alone, California’s...more

Constangy, Brooks, Smith & Prophete, LLP

PAGA reform is coming – employers, prepare now!

In a major development for employers who do business there, California has passed legislation to reform its Private Attorneys General Act as part of a deal that will lead to the withdrawal of a November 2024 ballot initiative...more

Littler

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

Littler on

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

CDF Labor Law LLP

CDF Wage and Hour Task Force Monthly Tips - Checking In On Paychecks (Or At Least That Top Portion)

CDF Labor Law LLP on

Under California Labor Code section 226, an employer, semimonthly or at the time of each payment of wages, must furnish employees an “accurate itemized statement in writing” reflecting, at least, nine specifically delineated...more

Proskauer - California Employment Law

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

CDF Labor Law LLP on

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Complying With California’s Wage Statement Requirements

Epstein Becker & Green on

California plaintiffs’ lawyers typically bring every type of wage-hour claim they can. Increasingly, however, they have focused on one type of claim – wage statement violations....more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] Annual Labor & Employment Law Seminar - November 3rd, La Jolla, CA

An event presented by Labor and Employment and Human Resource Professionals - Mark your calendars! You won’t want to miss Procopio’s annual Labor & Employment Seminar in La Jolla on November 3rd. As a dedicated...more

Epstein Becker & Green

2022 Pay Equity Trends and Strategies for Complying with Pay Range Disclosure Requirements in New York City and California

Epstein Becker & Green on

Two recent developments in equal pay laws—salary range disclosure and pay data reporting—are forcing employers in certain jurisdictions to review their pay practices and begin addressing pay equity if they are not doing so...more

Davis Wright Tremaine LLP

California Wage Statements Not Required to Include Hourly Rates for Prior Pay Periods

In a ruling favorable to California employers, the state's Court of Appeal recently confirmed that employers are not required to include hourly rates for prior pay periods on wage statements. In Meza v. Pacific Bell Telephone...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Unpaid Meal and Rest Period Premiums Can Lead to Wage Statement and Waiting Time Penalties

On May 23, 2022, the California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that unpaid meal and rest period premiums can form the basis of claims for wage statement violations under California Labor...more

Jones Day

California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now...

Jones Day on

The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more

McDermott Will & Emery

California Supreme Court Clarifies Missed-Break Premiums Penalties

McDermott Will & Emery on

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more

Perkins Coie

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

Perkins Coie on

The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more

Seyfarth Shaw LLP

Wage Statement And Final Pay Rules Apply To Meal And Rest Break Premiums

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Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Rules That Unpaid Break Premiums May Give Rise to Derivative Penalties

Key Points - On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court held that a failure to provide premium pay for meal or rest break violations under California Labor Code § 226.7...more

Stokes Wagner

California Supreme Court Holds Premium Pay for Missed Breaks Constitutes “Wages” That Must Be Reported on Wage Statements and Paid...

Stokes Wagner on

On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to...more

ArentFox Schiff

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

ArentFox Schiff on

In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...more

Buchalter

Naranjo v. Spectrum Security Services, Inc.: The California Supreme Court Determines that Meal and Rest Premiums are Wages and...

Buchalter on

On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately...more

Payne & Fears

CA Supreme Court: Meal/Rest Break Premiums Can Be the Basis for Waiting Time Penalties and Inaccurate Wage Statement Claims

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On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., holding unpaid meal and rest break premiums can give rise to derivative claims for waiting time...more

Jackson Lewis P.C.

California Supreme Court Rules Additional Penalties May Be Recoverable for Meal & Rest Period Violations

Jackson Lewis P.C. on

The underlying action, Naranjo v. Spectrum Security Services, was a class action brought by former and current employees, alleging violations of meal period violations. The plaintiffs sought not only premium wages for the...more

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