UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today.
What are the main takeaways from the proposed legislation?
To...more
7/5/2024
/ California ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Law Violations ,
Labor Reform ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more
Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant...more
1/10/2024
/ Disclosure Requirements ,
Employee Benefits ,
Employment Discrimination ,
Fast-Food Industry ,
Harassment ,
Health and Safety ,
Labor Code ,
Minimum Wage ,
OSHA ,
Paid Sick Leave ,
Retaliation ,
Sick Leave ,
Unfair Competition ,
Wage and Hour
Join us online for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings.
Topics include:
- Key bills relating to paid sick leave, CalWARN notice...more
10/25/2023
/ Best Practices ,
California ,
Continuing Legal Education ,
Disclosure Requirements ,
Employee Handbooks ,
Employee Rights ,
Employment Litigation ,
Enforcement Actions ,
New Legislation ,
NLRB ,
Notice Requirements ,
Paid Sick Leave ,
Pay Transparency ,
Privacy Laws ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
WARN Act ,
Webinars
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
In a 6-3 decision issued today, the United States Supreme Court held that a former employee of an offshore oil rig, who earned more than $200,000 a year, was eligible for overtime pay under the Fair Labor Standards Act...more
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...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
On Sept. 22, 2021, Governor Newsom signed AB 701, aimed at regulating quotas in warehouse distribution centers, into law. Here is what employers need to know....more
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more
While 2020 has been an incomparable year of change, somethings remain the same. There is never a shortage of onerous new demands on California businesses. Join us for a lively discussion of what you need to know for 2021. We...more
11/12/2020
/ Amended Legislation ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Extraterritoriality Rules ,
Hiring & Firing ,
Independent Contractors ,
Infectious Diseases ,
Job Applicants ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
Reporting Requirements ,
Salary/Wage History ,
Security Checks ,
State Labor Laws ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour ,
Webinars
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged...more
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
In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more
3/3/2020
/ Appeals ,
Burden of Proof ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more
10/16/2019
/ Appeals ,
CA Supreme Court ,
Dynamex ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Joint Employers ,
Labor Law Violations ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
The California Court of Appeal recently ruled that a "wage and hour" exclusion in an employment practices liability insurance ("EPLI") policy must be narrowly interpreted to extend coverage for reimbursement claims brought...more
10/7/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Business Expenses ,
Class Action ,
Declaratory Relief ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Employment Practices Liability Coverage ,
Labor Law Violations ,
Policy Exclusions ,
Remuneration ,
Reversal ,
State Labor Laws ,
Wage and Hour
As we previously reported, on May 2, 2019, the Ninth Circuit Court of Appeals in Vazquez v. Jan-Pro Franchising Int'l, No. 17-16096, held that the California Supreme Court's landmark decision in Dynamex Operations West, Inc....more
8/21/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Wage and Hour
On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more
2/12/2019
/ Amended Complaints ,
Breach of Contract ,
CA Supreme Court ,
Civil Liability ,
Clerical Errors ,
Demurrers ,
Duty of Care ,
False Advertising ,
Labor Code ,
Negligence ,
Negligent Misrepresentation ,
Payroll Companies ,
Reversal ,
Third-Party Beneficiaries ,
Unfair Competition ,
Wage and Hour ,
Wage Orders ,
Wrongful Termination
On February 4, 2019, a divided panel of the California Court of Appeal held in Ward v. Tilly’s, Inc., No. B280151, that employees scheduled for “on-call” or “call-in” shifts may be entitled to reporting time pay, even when...more
2/11/2019
/ Appeals ,
Call-In Pay ,
Class Action ,
Demurrers ,
Employer Liability Issues ,
IWC ,
Mercantile Industry ,
On-Call Employees ,
Reversal ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
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
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more
8/23/2018
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
FEHA ,
Governor Brown ,
Harassment ,
Mandatory Arbitration Clauses ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Waiver of Rights
The Salary History Ban -
As Payne & Fears LLP previously reported, in October 2017 Governor Jerry Brown signed into law Assembly Bill 168 which amended California's Equal Pay Act to prohibit California employers from: (1)...more
On July 26, 2018, in a unanimous decision, the California Supreme Court in Troester v. Starbucks Corporation held that the federal "de minimis doctrine" does not apply to claims for unpaid wages under the California Labor...more
7/27/2018
/ Affirmative Defenses ,
Appeals ,
CA Supreme Court ,
De Minimis Claims ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
On March 5, 2018, in a unanimous decision, the California Supreme Court in Alvarado v. Dart Container Corporation of California clarified how employers must calculate the regular rate of pay for purposes of compensating an...more