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Wage Orders Unpaid Wages

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

Manatt, Phelps & Phillips, LLP

California Appellate Panel Defines ‘Willful’ Wage Nonpayment and ‘Good Faith Dispute’

A California appellate panel has weighed in on premium pay in a decision on remand from the state’s highest court, with an employer-friendly result....more

Proskauer - California Employment Law

Time Spent By Employees In Exit Searches Is Compensable

Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020) - Earlier this year, the California Supreme Court answered a question certified to it by the Ninth Circuit: “Is time spent on the employer’s premises waiting for,...more

Payne & Fears

Key California Employment Law Cases: February 2020

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Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Payne & Fears

California Supreme Court Holds That Time Spent Undergoing Exit Searches Constitutes Compensable "Hours Worked"

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On February 13, 2020, in a unanimous opinion, the California Supreme Court held in Frlekin v. Apple Inc., Case No. S243805, that time spent on an employer's premises waiting for, and undergoing, required exit searches of...more

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

California Supreme Court Holds Employees Cannot Sue Their Employers’ Payroll Companies for Wage Claims

On February 7, 2019, the Supreme Court of California issued its decision in Goonewardene v. ADP, LLC, holding that employees may not sue their employers’ payroll companies for wage claims in connection with their employment....more

Jackson Lewis P.C.

Payroll Company Not Liable Under Third Party Beneficiary Doctrine

Jackson Lewis P.C. on

On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty...more

Constangy, Brooks, Smith & Prophete, LLP

California Snapshot: Payroll Company Not Liable For Alleged Wage-Hour Violations Of Employer

At least, not directly. Can an employee sue her employer’s payroll services provider for alleged violations of California’s wage and hour laws? According to a recent decision from the California Supreme Court, the answer...more

Haight Brown & Bonesteel LLP

Supreme Court Prevents Employees’ Tort and Contract Claims Against Employers’ Payroll Companies

In Goonewardene v. ADP, LLC (S238941), the California Supreme Court has created new protections for payroll companies in lawsuits involving claims of labor violations. Although previous case law has held that employees with...more

BakerHostetler

California Supreme Court: Payroll Companies Not Liable to Client’s Employees for Unpaid Wages

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The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Announces a Win for Payroll Outsourcing Industry

Last week, the California State Supreme Court struck a decisive victory in favor of payroll companies, issuing a unanimous opinion that an employee is not a third-party beneficiary of the contract between her employer and its...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds that Employee Cannot Bring Wage Claims Against Payroll Service Provider

• The California Supreme Court recently held that an employee could not pursue contract and tort claims against a payroll service provider for unpaid wages. • The Court found that (1) an employee was not a “third-party...more

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

California Court Rejects Verbal Rent Credit Agreement, Finds Building Managers Are Not Exempt From Check Stub Law

On December 1, 2016, a California Court of Appeal, in an unpublished decision, issued a ruling addressing the scope of both California Industrial Welfare Commission Wage Order 5-2001’s minimum wage rent credit and California...more

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