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Rounding Employee Time in California—Even Via Neutral Policy—Creates Risk Under New Appellate Decision

Although prior California decisions have approved neutral rounding systems, Camp v. Home Depot U.S.A., Inc. questions that law when an employer can track employee clock times to the minute. Therefore, employers in California...more

Ninth Circuit Permits California Ban on Mandatory Arbitration

In a 2-1 decision, the US Court of Appeals for the Ninth Circuit on September 15 reversed a district court’s order enjoining the enforcement of California Assembly Bill 51 (AB 51) codified as Labor Code Section 432.6. Chamber...more

California Supreme Court Prohibits Meal Break Rounding and Creates Violation Presumption

In light of the recent ruling, employers in California should be aware of the risks involved in using rounded time to determine whether an employee took a late or short meal break. ...more

California Supreme Court Changes Rules for Classifying Workers as Independent Contractors by Adopting ABC Test in Some...

The April 30 ruling adopts the more stringent “ABC test” to distinguish between independent contractors and employees for purposes of claims based on California’s Wage Orders. Because satisfying this test is more difficult...more

California Court of Appeal Expands Law on Separate Rest Break Payments

Employees who are paid solely on commission must receive separate compensation for rest breaks. On February 28, the California Court of Appeal ruled in Vaquero v. Stoneledge Furniture, LLC that employees who are paid...more

California Supreme Court: No On-Duty, On-Call Rest Breaks

The California Supreme Court holds that California wage and hour laws prohibit on-duty and on-call rest breaks. On December 22, 2016, the California Supreme Court ruled that California “employers must relieve their...more

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