News & Analysis as of

Labor Code Non-Exempt Employees

Clark Hill PLC

In win for employers, the California Court of Appeal ruled prospective meal break waivers can be permissible

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What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive...more

Seyfarth Shaw LLP

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

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The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the...more

Farella Braun + Martel LLP

Navigating Recent Changes to California Wage and Hour Laws

The recent changes to California’s wage and hour laws have significant implications for employers operating within the state. While the reforms are aimed at providing clearer guidelines for employers, there are still complex...more

ArentFox Schiff

Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time

ArentFox Schiff on

In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory...more

Greenberg Glusker LLP

New Year, New Form for Non-Exempt Employees:

Greenberg Glusker LLP on

We hope that your new year is off to a wonderful start! If one of your resolutions is to make sure your employment forms are up to date, our first Laboring Oar newsletter of 2024 will help you achieve that goal. (If only all...more

Seyfarth Shaw LLP

Ring In 2024 With California’s Updated Paid Sick Leave FAQs!

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Seyfarth Synopsis: With the new year right around the corner, California published updated FAQs on the state’s amended Paid Sick Leave Law, which goes into effect January 1, 2024. We’re here to break down the key insights and...more

Davis Wright Tremaine LLP

Update Your California Wage Theft Prevention Notices by Jan. 1, 2024

For years now, California law has required most employers to provide a Wage Theft Prevention Notice (aka Wage Theft Notice) to nonexempt employees, and the Labor Commissioner has provided an optional template for purposes of...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

Ballard Spahr LLP

CA Supreme Court Permits PAGA Claims in Court Despite Arbitration Agreement

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Summary - The California Supreme Court held in Adolph v. Uber Technologies, Inc. that a plaintiff compelled to arbitrate an individual California Labor Code Private Attorneys General Act (PAGA) claim still maintains...more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

Weintraub Tobin on

Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

Jackson Lewis P.C.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

Jackson Lewis P.C. on

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

FordHarrison

California Supreme Court Tells Employees To Rest Assured

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After a years-long battle, the California Supreme Court finally issued a ruling defining what it means for an employer to provide a rest break to non-exempt employees under California law: rest breaks cannot be “on-duty” or...more

Morgan Lewis

California Computer Professional Salary Requirement to Increase to $88,318.55

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Employers of California computer professionals must ensure compensation rates meet new salary thresholds that go into effect January 1, 2017. In addition to reviewing compensation to ensure compliance with upcoming...more

Foley & Lardner LLP

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

Foley & Lardner LLP on

With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more

Fisher Phillips

New Court Decision Lends Further Guidance To Meal And Rest Period Scheduling

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California employers continue to struggle with how to comply with their obligation to provide meal and rest periods to their non-exempt employees. Although the California Supreme Court’s groundbreaking Brinker decision from...more

Cozen O'Connor

Weather Events Create Difficult HR Issues

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In the last month, Houston employers have faced catastrophic rains, flooding, and now a tropical storm. We thought it would be a good time to dust off the Firm’s HR Guide for Hurricane and Disaster Preparation, which can be...more

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