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Labor Code

Seyfarth Shaw LLP

Home Sweet Home Office: Considerations With Remote Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home. ...more

Jackson Lewis P.C.

Plaintiff Succeeds In Claiming Unpaid Reimbursements For More Than 20,000 Miles

by Jackson Lewis P.C. on

After a one-day bench trial, a sales representative for a security company successfully established that his employer had failed to reimburse him for mileage expenses, using only his odometer reading as the basis to calculate...more

Sheppard Mullin Richter & Hampton LLP

California’s Meal and Rest Break Rules for Commercial Motor Vehicle Drivers Remain Preempted by Federal Law . . . For Now

Signaling another positive development for interstate motor carriers operating in California, the United States District Court for the Central District of California (the “Central District”) recently dismissed a truck...more

Fisher Phillips

California Opinion Letter Extends Dynamex Reach

by Fisher Phillips on

It’s been a busy week on the Dynamex front, and the news for businesses continues to get worse. As we recently discussed, the 9th Circuit held just last week that Dynamex and the ABC test should be applied retroactively. The...more

K&L Gates LLP

Working Wise: Tips and Common Mistakes to Avoid for Employers in California

by K&L Gates LLP on

In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California....more

Sheppard Mullin Richter & Hampton LLP

The Future of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively and the DLSE Issues Opinion Letter Expanding...

Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals as independent...more

Seyfarth Shaw LLP

No Preemption Where Labor Code Doesn’t Require Consulting A CBA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...more

Jackson Lewis P.C.

Wage Statements May Contain Fictitious Business Names, California Court Of Appeal Affirms

by Jackson Lewis P.C. on

While best practices would be to use the employer’s registered name, a recent Court of Appeal opinion has upheld an employer’s use of its fictitious business name in its wage statements. California Labor Code section 226...more

Jackson Lewis P.C.

Car Wash Employees CLEAN Up With Help Of California Department Of Labor

by Jackson Lewis P.C. on

The Labor Commissioner fined a Southern-California car wash for more than $2.36 million for alleged wage and hour violations. These fines included both civil penalties and wages owed to employees. This appears to be a...more

Dentons

Amendment to the Labor Law and legislation covering day laborers

by Dentons on

On April 19, 2019, the Government Emergency Ordinance no. 26/2019 (Ordinance), amending the legislation regarding day laborers and providing additional days off for women undergoing in vitro fertilization, was published in...more

Seyfarth Shaw LLP

Fictitious Business Name Suffices for Compliant Wage Statement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal, in Savea v. YRC Inc., held that an employer complies with Labor Code section 226(a)(8) when the employing entity lists its fictitious business name on a wage statement rather than the...more

Fisher Phillips

Wage Statement Litigation Continues To Clog California Courts

by Fisher Phillips on

Most employers do not spend much time reviewing pay statements—often a single piece of paper provided to employees each pay period containing the hours worked, amounts paid, and similar information usually accompanying the...more

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

California Supreme Court Holds Employees Cannot Sue Their Employers’ Payroll Companies for Wage Claims

On February 7, 2019, the Supreme Court of California issued its decision in Goonewardene v. ADP, LLC, holding that employees may not sue their employers’ payroll companies for wage claims in connection with their employment....more

Jackson Lewis P.C.

Fishing For A Lawsuit: Tips And Tricks For Personnel Files And Pre-Litigation Records Requests

by Jackson Lewis P.C. on

If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Plaintiff’s lawyers regularly use Labor Code provisions to obtain...more

Ervin Cohen & Jessup LLP

Misdemeanor Convictions in Hiring Decisions: What are the Limits?

by Ervin Cohen & Jessup LLP on

Over the last few years we have seen “ban the box” laws enacted in various states and municipalities. In California, these laws limit the timing of an inquiry into a job applicant’s criminal history to after a conditional...more

Payne & Fears

California Supreme Court Limits Liability for Payroll Service Providers

by Payne & Fears on

On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more

Seyfarth Shaw LLP

New Overtime Law: Agricultural Employees To Reap What They Sow

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Agricultural employers have a hard row to hoe with the latest crop of legislation affecting overtime requirements in California....more

Dentons

New regulations on employment documentation

by Dentons on

On January 1, 2019 a new Regulation of the Ministry of Family, Labor and Social Policy dated December 10, 2018 on employment documentation (the “Regulation”) entered into force. The Regulation introduces new rules for keeping...more

Davis Wright Tremaine LLP

The High Cost of Failing to Reimburse Employees for Required Work-Related Cellphone Usage

by Davis Wright Tremaine LLP on

ABM Industries, a janitorial service provider, recently agreed to a $5.4 million dollar proposed settlement in Marley Castro, et al. v. ABM Industries, Inc., a class action involving a California class of over 3,000 cleaning...more

Seyfarth Shaw LLP

Request For Employment Records? Don’t Trust; Verify!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs’ lawyers routinely invoke Labor Code provisions to conduct pre-litigation discovery by seeking employment records. For employers that scramble to comply with these often burdensome demands, we...more

Littler

10 Key Developments in Canadian Labour & Employment Law in 2018

by Littler on

Canada saw significant developments in labour and employment law in 2018. As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. ...more

Hinshaw & Culbertson LLP

California Appeals Court Confirms Constitutionality of Piece-Rate Compensation Statute

by Hinshaw & Culbertson LLP on

In Nisei Farmers League vs. California Labor and Workforce Development Agency, California’s Fifth Appellate District confirmed the constitutional validity of Labor Code section 226.2, a recently enacted law providing that...more

Fisher Phillips

Next Shot Fired: We’ve Read Grubhub’s 71-Page Appellate Response Brief So You Don’t Have To

by Fisher Phillips on

The next shot has been fired in the long-running misclassification dispute between plaintiff Raef Lawson and gig economy giant Grubhub, as the company filed its Answering Brief with the 9th Circuit Court of Appeals late...more

Nossaman LLP

Hold the Pickle—and the Meal Break: California Supreme Court Holds That Healthcare Workers May Voluntarily Waive Second Meal...

by Nossaman LLP on

In a decision that facilitates flexible staffing practices for healthcare employers, the California Supreme Court recently held that healthcare workers can legally waive a second meal period when they work shifts longer than...more

Orrick - Global Employment Law Group

What We May See from the California Supreme Court in 2019

2018 saw some major developments in employment law, particularly in California. The California Supreme Court embraced the ABC test for independent contractors in Dynamex, and rejected the de minimis doctrine for Labor Code...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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