News & Analysis as of

Reimbursements Employment Litigation

Littler

Sixth Circuit Delivers Uncertainty on Calculating Impact of Driver Costs

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When nonexempt employees use their personal vehicles to provide delivery services, how much must their employer reimburse them to ensure that the employees are paid at least the minimum wage required by the Fair Labor...more

Ius Laboris

Hong Kong employer required to reimburse expenses that benefit the business

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A Hong Kong court decision holding an employer liable for various payments and benefits owed to a former employee highlights the importance of making prompt payment of all amounts due upon termination of employment....more

Epstein Becker & Green

California Court of Appeal Holds That Unexpected Work Expenses May Be Reimbursable

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The California Court of Appeal for the First Appellate District recently issued its opinion regarding business-related expenses in Thai v. International Business Machines Corporation. The Court found that expenses incurred by...more

Seyfarth Shaw LLP

Employers May Be Liable For Work-From-Home Expenses

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Seyfarth Synopsis: The California Court of Appeal found an employer liable under Labor Code section 2802 for employee work-from-home operating expenses, despite Governor Gavin Newsom’s 2020 stay-at-home order, which precluded...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies Employer’s Obligation to Reimburse Expenses Depends on Whether They Were a Direct Consequence...

On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more

McDermott Will & Emery

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

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Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Parker Poe Adams & Bernstein LLP

Must Companies Reimburse Employees for Home Office Expenses?

Over the past several weeks, employees have filed a number of class action claims in California alleging that their employers failed to pay expenses associated with their home working arrangements, in violation of state law....more

K&L Gates LLP

The Essentials - California Employment Law Update

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Near the end of 2021, a flurry of decisions that significantly affect employers facing and settling Private Attorneys General Act (PAGA) lawsuits were published. The first two decisions, Uribe v. Crown Building Maintenance...more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

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The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

Littler

The Netherlands: Employee Not Entitled to Reimbursement for Loss of Company Car During Illness

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The Hague Court of Appeal recently held that an employer could recover a leased company car from a sick employee without being obliged to reimburse the loss arising from the private use of the car....more

Holland & Knight LLP

N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

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Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v....more

Fisher Phillips

COVID-19 Litigation Is Testing the Limits Of California Expense Reimbursements – Is Your Business Safe?

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With well over 1,600 COVID-19-related employment lawsuits already having been filed nationwide and over 350 in California alone, employers need to keep abreast of ongoing issues that impact the physical and remote workplace....more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

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With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

Epstein Becker & Green

“Employees Won’t Sue Over Alleged Wage-Hour Violations Occurring During the COVID-19 Crisis!” – and Six Other Myths

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Let me be the millionth person to say that we are living in unprecedented times. Well, unless you count the Spanish Flu, which few of us probably dealt with as that was more than a century ago....more

Mintz - Employment Viewpoints

A Refresher on California Reimbursement Requirements in a COVID-19 World

Imagine that after weeks of working remotely due to COVID-19, you return to your office only to discover a stack of papers on your desk in a folder titled “requests for reimbursement.” You peer through the contents and find...more

Proskauer - California Employment Law

What the Frlekin?! California Supreme Court Says Bag Checks Are Compensable

Today, in Frlekin v. Apple, Inc., the California Supreme Court held that time spent by non-exempt employees undergoing mandatory bag or other security checks is compensable work time under California law. The decision stands...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more

Seyfarth Shaw LLP

Will Cannabis Legalization Lead To “High” Stakes Wage And Hour Litigation?

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As previously reported, the Tenth Circuit created a buzz when it found that cannabis companies need to pay overtime under the FLSA even though marijuana is illegal under Federal law....more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Epstein Becker & Green

Federal Court’s Approval of Settlement in Litigation Over Expenses Charged to Brokers Offers Guidance on Settlement of Parallel...

Epstein Becker & Green on

On September 6, 2019, the U.S. District Court for the Northern District of California preliminarily approved a settlement in Harvey v. Morgan Stanley Smith Barney LLC. The significance of the result is two-fold. First,...more

Ervin Cohen & Jessup LLP

California Court of Appeal Agrees Employer Does Not Have To Pay For Shoes...This Time

Krista Townley was a server at BJ’s Restaurants, Inc. As a server, Townley was required to wear black, slip-resistant close-toed shoes pursuant to company policy.  Townley purchased a pair of canvas shoes that complied with...more

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