Summary -
Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
9/22/2023
/ Appeals ,
CA Supreme Court ,
California ,
FEHA ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Remand ,
State Labor Laws ,
Statute of Limitations
Summary -
An employer must accommodate an employee’s religious beliefs unless it can show that doing so would “result in substantial increased costs in relation to the conduct of its particular business.” ...more
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...more
On Feb. 9, 2022, Gov. Gavin Newsom signed new legislation, COVID-19 Supplemental Paid Sick Leave (Senate Bill 114), into law that will require all employers with more than 25 employees to provide their employees with up to 40...more
Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) -
Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more
Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021)
Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more
8/11/2021
/ Administrative Law Judge (ALJ) ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
FEHA ,
Labor Code ,
Labor Regulations ,
NLRA ,
NLRB ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rate of Pay ,
State Labor Laws ,
Unions ,
Wage and Hour
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
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
2/12/2021
/ Arbitration Agreements ,
Commercial Truck Drivers ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FMCSA ,
Independent Contractors ,
Labor Code ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) -
Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more
12/14/2020
/ ABC Test ,
Arbitration ,
Arbitration Agreements ,
Business & Professions Code ,
Confidential Information ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Policies ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Non-Compete Agreements ,
Preemption ,
Sexual Harassment ,
State Labor Laws ,
Unfair Competition Law (UCL) ,
Wage and Hour
Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) -
Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more
10/14/2020
/ Appeals ,
Arbitration ,
Calculation of Damages ,
Collective Bargaining ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Healthcare Workers ,
Judicial Review ,
Piece-Rate Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more
9/24/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Layoffs ,
Misclassification ,
Political Expression ,
Political Speech ,
Remote Working ,
Risk Mitigation ,
Social Media Policy ,
State Labor Laws ,
Tax Liability ,
Wage and Hour ,
Webinars
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more
5/27/2020
/ California Family Rights Act (CFRA) ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Failure to Accommodate ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Government Lockdown ,
Health Insurance Portability and Accountability Act (HIPAA) ,
High Risk Covid Employees ,
Labor Law Violations ,
Local Ordinance ,
Popular ,
Re-Opening Guidelines ,
Rehiring Issues ,
Remote Working ,
Retaliation ,
Risk Assessment ,
Shelter-In-Place ,
State Labor Laws ,
Voluntary Reduction in Force ,
Wage and Hour ,
Workplace Safety
Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) -
The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more
2/12/2020
/ Administrative Complaints ,
Appeals ,
Class Action ,
Commercial Truck Drivers ,
Concurrent Litigation ,
DFEH ,
Employer Liability Issues ,
Equitable Tolling ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
FEHA ,
Jury Trial ,
Medical Leave ,
Minimum Wage ,
Police ,
Policies and Procedures ,
Preemption ,
Reaffirmation ,
Rest and Meal Break ,
Reversal ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Statute of Limitations ,
Summary Judgment ,
Traveling Employee ,
Wal-Mart ,
Workers' Compensation Claim
This complimentary webinar will educate business owners, in-house counsel and human resources professionals on important court developments in 2018 and new legislation taking effect in 2019....more
Lopez v. Routt, 17 Cal. App. 5th 1006, 225 Cal. Rptr. 3d 851 (2017) -
Facts: Plaintiff sued her employer and supervisor for harassment in violation of the California Fair Employment and Housing Act (“FEHA”). The matter...more
1/29/2018
/ Appeals ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
FEHA ,
Frivolous Lawsuits ,
Harassment ,
Jury Trial ,
Labor Law Violations ,
Motion to Compel ,
Prevailing Party ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Statutory Penalties ,
Title VII ,
Unpaid Wages ,
Vacated ,
Wage and Hour
May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more
7/10/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Employer Liability Issues ,
Off-Duty Employee Access ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Work Schedules