News & Analysis as of

Labor Code Wage and Hour Fair Labor Standards Act (FLSA)

FordHarrison

EntertainHR: Mr. Monk Doesn’t Pay His Employee

FordHarrison on

There is something interesting about watching an old, beloved show for the first time years after the release of its final season. You miss the excitement of watching new episodes contemporaneously with other fans....more

Ervin Cohen & Jessup LLP

Department of Labor Revises Independent Contractor Test

On March 11, 2024, the U.S. Department of Labor’s (“DOL”) revised independent contractor test took effect, under a Final Rule issued by the Wage and House Division of DOL. The rule for Employee or Independent Contractor...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...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

Morgan Lewis

California Announces 2024 Substantial Increase in Computer Professional Exemption Compensation Rate

Morgan Lewis on

California employers must ensure that compensation rates for exempt computer professionals meet updated salary thresholds, as of January 1, 2024. The minimum wage thresholds for the California computer professional...more

Seyfarth Shaw LLP

California Employers Not Required To Pay “Overtime On Overtime”

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under the Fair Labor Standards Act (FLSA) and applicable federal regulations, percentage of earnings bonuses can be excluded from the calculation of the regular rate of pay for purposes of calculating...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Woods Rogers

Cleaning Up Its Mess – the Virginia Assembly Ditches Virginia’s Overtime Wage Act

Woods Rogers on

Well, that was fun! Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards...more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...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

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Morgan Lewis

California Supreme Court: Meal, Rest, and Recovery Period Premiums Must Be Calculated Based on Hourly and Nondiscretionary Wages

Morgan Lewis on

The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more

Morrison & Foerster LLP - Class Dismissed

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more

Payne & Fears

Key California Employment Law Cases: January 2021

Payne & Fears on

International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

Jackson Lewis P.C. on

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Recovering Amounts Owed by a Departing Employee: You Know You Probably Cannot Deduct...

Epstein Becker & Green on

In employment, as in life generally, breaking up can be hard to do. This is particularly so when a departing employee owes the employer money. Most employers understand that applicable law often prohibits simply deducting...more

Best Best & Krieger LLP

[WEBINAR] 2019 Annual Labor & Employment Update

Best Best & Krieger LLP on

From independent contractors to privacy to arbitration agreements - the California Legislature was busy in 2019 passing a wealth of new labor and employment laws that impact your business or agency. In this Best Best &...more

Seyfarth Shaw LLP

Are You Really Protected From Wage-and-Hour Successor Liability in an Asset Purchase?

Seyfarth Shaw LLP on

Seyfarth Synopsis: In acquiring a company, there is often a tendency to think an asset purchase (as opposed to a stock purchase) guarantees the purchaser will not inherit any liability (so-called “successor liability”). This...more

Seyfarth Shaw LLP

New Overtime Law: Agricultural Employees To Reap What They Sow

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

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

Littler on

The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more

Foley & Lardner LLP

California Supreme Court Says Employers Must Pay for Several Minutes of Off-the-Clock Work

Foley & Lardner LLP on

Last Thursday, July 26, the California Supreme Court issued an opinion concluding that coffee retailer Starbucks must pay its employees for off-the-clock duties that take several minutes per shift. In issuing its opinion, the...more

Perkins Coie

California’s High Court Rejects FLSA’s De Minimis Doctrine

Perkins Coie on

The California Supreme Court issued an opinion on July 26, 2018, and found that the federal Fair Labor Standards Act’s de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Federal...more

Ervin Cohen & Jessup LLP

Employment Law Reporter August 2018: California High Court Restricts Employer-Friendly ‘De Minimis’ Defense for Off-the-Clock Work

Last Thursday, the California Supreme Court issued a ground-breaking decision that severely limits employers’ ability to rely on the ‘de minimis’ doctrine as a defense to not paying for minimal increments of off-the-clock...more

Alston & Bird

California Tosses De Minimis Doctrine for Off-the-Clock Work

Alston & Bird on

The California Supreme Court has rejected the federal Fair Labor Standards Act’s de minimis doctrine and put the burden on employers to account for “all hours worked.” Our Labor & Employment Group explains the court’s ruling...more

Blank Rome LLP

“De Minimis” May Be Down, but It’s Not Out—And What Does It Mean for Employer Rounding Policies in California?

Blank Rome LLP on

On July 26, 2018, the California Supreme Court issued its long-awaited opinion in Troester v. Starbucks Corp., __ P.3d __ (2018). In the days that have followed, legal headlines have lamented the presumed “death” of the de...more

47 Results
 / 
View per page
Page: of 2

"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