California Employment News: Professional and Administrative Pay Exemptions
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On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...more
The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more
Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more
On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more
In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more
On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules...more
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
Battle Royal – handling of boardroom dispute was repudiatory breach - The High Court decision in Stobart Group Ltd v Tinkler explores the extent of a director's duties in the context of a boardroom dispute....more
Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts. Under that form of...more
In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”). ...more
On September 18, 2018, a year after a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, a larger en banc panel of the court has...more
A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals...more
As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more
Seyfarth Synopsis: Accrued vacation pay is not a category that must appear on employee wage statements. California Labor Code section 226 requires employers to report various categories of information on employee wage...more
Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more
We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more
The Tenth Circuit Court of Appeals recently rejected an employer’s argument under the Equal Pay Act (EPA) that a pay differential was justified because a female employee and her male counterparts do not have the same jobs....more
The United States Court of Appeals for the Eleventh Circuit recently held that an employer that has knowledge that an employee underreported his hours cannot assert equitable defenses based on the employee’s own conduct as a...more
On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more
Deferring to CMS, the United States Court of Appeals for the Sixth Circuit recently upheld the agency’s treatment of hospitals’ payments to employees for wage index purposes. Atrium Medical Center v. U.S. Dept. of Health &...more
McLean v. State of California, No. C074515 (August 19, 2014): In a recent decision, a California Court of Appeal held that state law requirements for payment of final wages and waiting time penalties payable to employees who...more
On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more