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Key Changes to PAGA and What Employers Should Know

Last week, Governor Newsom signed Assembly Bill (AB) 2288 and Senate Bill (SB) 92, which amended California’s Private Attorneys General Act (PAGA).  Since 2004, PAGA has created challenges for California employers because it...more

California Supreme Court Rules that Premium Pay for Meal and Rest Breaks Must be Calculated Using the “Regular Rate of Pay”

The Supreme Court issued its opinion in Ferra v. Lowes Hollywood Hotel, LLC yesterday, ruling that when employers calculate meal or rest break premium pay, they must calculate and pay the premium based on the employee’s...more

The Department of Labor Issues Additional Guidance Regarding FFCRA Compliance

Last week, the Department of Labor (“DOL”) issued additional guidance regarding the Families First Coronavirus Response Act (“FFCRA”). The guidance addresses a variety of topics. Below are some of the highlights: The...more

Employers Should Consider the EDD’s Work Share Program As an Alternative to Layoffs

As employers navigate the economic impacts of COVID-19, they may consider participating in the Employment Development Department’s (“EDD”) Work Sharing Unemployment Insurance Program (“WSP”) as an alternative to employee...more

What is the status of the federal government’s changes to the Family and Medical Leave Act?

On Thursday, March 19, 2020, the President signed the “Families First Coronavirus Response Act,” which includes the “Emergency Family and Medical Leave Expansion Act” and the “Emergency Paid Sick Leave Act.” Both laws apply...more

California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches

Last week, in Frlekin v. Apple, Inc., the California Supreme Court held that employee exit searches constituted compensable “hours worked” under California law. Under its “Employee Package and Bag Searches” policy, Apple...more

California Supreme Court Declines to Apply the Federal De Minimis Doctrine to Post-Shift Activities

Last week, the California Supreme Court ruled in favor of a former Starbucks employee seeking compensation for time spent closing the store after clocking out. This decision in Troester v. Starbucks may limit the ability of...more

California Supreme Court Clarifies Overtime Calculation Involving Flat Sum Bonuses

In a less-than-favorable decision for employers – Alvarado v. Dart Container Corporation – the California Supreme Court addressed how to calculate the overtime pay rate when the employee earns a non-production, flat sum bonus...more

California Supreme Court Narrows Independent Contractor Classification

On Monday, in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, the California Supreme Court adopted a legal test that may make it far more difficult for employers to classify workers as independent...more

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