News & Analysis as of

State Labor Laws Wage Orders

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

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The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

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

New York’s 2025–26 Budget Includes Immediate Labor Law Reforms, Important Changes to Pay Frequency Laws

New York’s governor and state legislature have finally stumbled to completion of this year’s budget negotiations and enacted legislation as part of the 2025–26 state budget, which includes significant amendments to the New...more

Nelson Mullins Riley & Scarborough LLP

In Win for Employers, California Appellate Court Confirms Prospective Meal Period Waivers Are Legal

On April 21, 2025, the California Court of Appeals held that prospective written meal period waivers for shifts between five and six hours are lawful, rejecting the argument that meal period waivers must be signed for each...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

Seyfarth Shaw LLP

Signs You Can’t Ignore If You’re Doing Business in California

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California law is complicated. When doing business in California, it helps to get the small things right – like mandatory postings. Keep reading for the signs California employers must post in the workplace...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

Littler

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

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On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage...more

Snell & Wilmer

Back From the Dead: California Legislature Resurrects the Industrial Welfare Commission

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On July 10, 2023, Governor Newsom signed Assembly Bill 102 (“AB 102”), amending the Budget Act of 2023. Buried in this seemingly innocuous appropriations bill is a provision that could mean more burdensome wage and hour...more

CDF Labor Law LLP

Newsom Revives the California Industrial Welfare Commission After Almost 20 Years

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On July 10, 2023, Governor Gavin Newsom signed Assembly Bill 102 into law (“AB 102”). This is the first time in almost 20 years that the Industrial Welfare Commission (“IWC”) has received funding from the state. The IWC,...more

Jackson Lewis P.C.

California Revives Industrial Wage Commission

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On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill. While appropriations bills such as AB 102 are generally not...more

Stokes Wagner

Recent California Case May Cause Employers to Rethink How They Provide Employees with Suitable Seating

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Most California employers understand that they are required to provide suitable seating to employees when the nature of their work reasonably permits the use of seats. However, a California Court only recently opined on...more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

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On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

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In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Payne & Fears

California Supreme Court Rejects Use of Rounding Policies for Meal Periods

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Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more

Benesch

InterConnect FLASH! No. 81 - California Supreme Court Affirms that the Dynamex “ABC Test” for Independent Contractor...

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On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more

Payne & Fears

California Supreme Court Holds That Dynamex Applies Retroactively

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Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the...more

Dorsey & Whitney LLP

California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively

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Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more

Constangy, Brooks, Smith & Prophete, LLP

Think Your Commission-Only Plan Is Good?

Two of the more complicated areas of California wage-and-hour law involve commission plans and overtime exemptions. Commission plans are complex animals – long gone are the days where Joey gets 5 cents for each widget he...more

Holland & Knight LLP

Twin Decisions Impact Employers with Workforces in – or Traveling to – California

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The California Supreme Court's recent opinions in Oman v. Delta Air Lines, Inc. and Ward v. United Airlines, Inc. clarify when, and under what circumstances, employees who even occasionally work in California are entitled to...more

Proskauer - California Employment Law

California Employment Law Notes - March 2020

Time Spent By Employees In Exit Searches Is Compensable - Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) - In this opinion, the California Supreme Court answered a question certified to it by the United...more

Holland & Hart - Employers' Lawyers

COMPS: Coming Soon to a Workplace Near You

In November, the Colorado Department of Labor and Employment’s (CDLE) Division of Labor Standards and Statistics (“Division”) proposed replacing Minimum Wage Order #35 with Colorado Overtime and Minimum Pay Standards Order...more

Littler

Littler Lightbulb: What’s New in Colorado?

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Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State....more

BakerHostetler

[Event] COMPS Order: Impacts of New Wage and Hour Laws on Your Business - March 25th, Denver, CO

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Wage and hour law remains a compliance conundrum for most employers. And now that Colorado has issued a new wage order titled, Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”), Colorado employers are...more

BakerHostetler

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

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Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private...more

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