News & Analysis as of

Labor Code Labor Regulations

Fox Rothschild LLP

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

Fox Rothschild LLP on

In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

Akin Gump Strauss Hauer & Feld LLP

Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President (Trump EO Tracker)

Summary - Makes it the policy of the executive branch that collective bargaining agreements (CBAs) reached in the 30 days prior to the inauguration of an incoming president shall not be approved. Instructs agency heads to...more

Tonkon Torp LLP

New Whistleblower Posting Required for California Employers

Tonkon Torp LLP on

On January 1, 2025, a new whistleblowing posting requirement (AB 2299) took effect in California. The law does not change preexisting protections for California employees who act as “whistleblowers,” but, instead, imposes a...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Clark Hill PLC

California Supreme Court Holds That Unmanageable PAGA Claims Cannot Be Dismissed

Clark Hill PLC on

Now That California Courts Have Been Stripped of Authority to Dismiss Unmanageable PAGA Claims, How Will Employers Manage PAGA Litigation? The California Supreme Court, on Jan. 18, issued its decision in Estrada v. Royalty...more

Goodwin

Horizon Scanning - UK Employment Law Developments 2024

Goodwin on

As employees return from the holiday season and businesses reopen, employers and HR leaders should be mindful of key employment developments in 2024 that may affect their workforce. 2024 will see a number of legislative...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Court of Appeals Provides Critical Guidance on Events Triggering Waiting Time Penalties

In Harstein v. Hyatt Corp., the Ninth Circuit Court of Appeals held that Hyatt Corporation (“Hyatt”) violated California law, which requires the payment of all wages at separation, when one of its hotels failed to pay...more

Mitratech Holdings, Inc

Local, state, and federal regulation changes that could impact your policy management (and how to keep up with them)

From labor codes and workplace safety regulations to cyber security reporting requirements, see the latest updates that may have an effect on your policy management strategy. In the ever-changing landscape of the modern...more

Payne & Fears

Key California Employment Law Case Summaries: April 2023

Payne & Fears on

A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more

Akin Gump Strauss Hauer & Feld LLP

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute of...

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Intervention and Arbitration

This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. CALLAHAN v....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That PAGA Representative Waivers Are Enforceable In Certain Significant Respects

On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. Moriana. The Supreme Court held that California’s rule invalidating pre-dispute agreements waiving the...more

Miller Nash LLP

California Employer‘s Good-Faith Belief That Freelance Model Was Not an Employee Defeats Penalty Claims

Miller Nash LLP on

California employers will be pleased to learn that the Ninth Circuit Court of Appeals recently held that a retail store reasonably believed that a freelance model who worked in irregular one- or two-day periods was not an...more

Hogan Lovells

Our Employment Law team reviews interesting recent case law

Hogan Lovells on

News from our Employment Law team on: several rulings of the Court of Cassation specifying (i) the possible sequencing of a reorganization project involving the implementation of a PSE (ii) the conciliation between a PSE and...more

Hogan Lovells

Notre équipe en Droit Social revient sur plusieurs jurisprudences récentes

Hogan Lovells on

Actualités de notre équipe en Droit Social sur : plusieurs arrêts de la Cour de cassation précisant (i) le séquencement possible d’un projet de réorganisation impliquant la mise en œuvre d’un PSE (ii) la conciliation entre...more

Akin Gump Strauss Hauer & Feld LLP

Split of Authority Develops in California Court of Appeal Over PAGA Manageability Requirement

On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal, held that “a court cannot strike a PAGA claim based on manageability.” This decision creates a split of authority with Wesson v....more

Proskauer - California Employment Law

At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more

Akerman LLP - HR Defense

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against...more

CDF Labor Law LLP

Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

CDF Labor Law LLP on

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules...more

Akin Gump Strauss Hauer & Feld LLP

Recent PAGA Settlement Demonstrates Why PAGA Cases Are Typically Worth Far Less Than the Maximum Theoretical Recovery

On January 11, 2022, Judge Cunningham of the Los Angeles Superior Court conditionally approved a $7.5 million agreement to settle three overlapping Private Attorneys General Act (PAGA) actions, the lead case titled Reyes v....more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Holds That Only Default PAGA Penalties Are Available for Inaccurate Wage Statements

On December 1, 2021, the California Court of Appeal (4th District) issued its decision in Gunther v. Alaska Airlines, Inc., Case No. D076762, holding that heightened penalties for wage statement violations under Labor Code...more

Allen Matkins

2022 Labor & Employment Law Update for California Employers

Allen Matkins on

2021 has been another busy year for the Legislature’s enactment of new laws affecting California employers. Below you will find our annual 2021 Employment Law Update....more

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

CDF Labor Law LLP

California Court of Appeal Broadens Test For Joint Employer Liability

CDF Labor Law LLP on

On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more

Payne & Fears

Key California Employment Law Cases: July 2021

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

60 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide