Key Points -
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held that premiums paid for missed meal, rest or recovery periods must include nondiscretionary pay, not just hourly wages. The decision...more
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more
3/9/2021
/ CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Key Points:
- Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees.
- The most significant laws include new obligations to report employee pay data, an...more
12/23/2020
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Employer Liability Issues ,
Labor Code ,
Labor Regulations ,
New Legislation ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour
- California has implemented a broad supplemental sick leave law requiring employers with 500 or more employees (and health care employers with fewer than 500 employees) to provide their California workers with up to 80 hours...more
10/1/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Workers' Compensation Claim ,
Workplace Safety
Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. Where a company must suspend work or close a work location, the...more
3/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Over-Time ,
Public Health ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Remote Working ,
Rest and Meal Break ,
Sick Leave ,
Timekeeping ,
Wage and Hour ,
Workplace Safety
- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable.
- The decision rejects the holding by some lower courts that if employees could...more
• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees.
• The most significant laws include a new employee classification law, extension of the statute of limitations for...more
12/17/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
DFEH ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Entertainment Industry ,
Exemptions ,
FEHA ,
Flexible Spending Accounts ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Minimum Wage ,
Minors ,
Misclassification ,
New Legislation ,
No-Rehire Provisions ,
OSHA ,
Restraining Orders ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Workplace Injury
• On September 12, 2019, in ZB, N.A. v. Superior Court (Lawson), Case No. S246711, the California Supreme Court held the Private Attorneys General Act (PAGA) does not allow recovery of unpaid wages under Labor Code Section...more
• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more
9/13/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
• The Ninth Circuit has withdrawn its May 2, 2019, opinion in Vazquez v. Jan-Pro Franchising Int’l, Inc., in which it held that the California Supreme Court’s Dynamex decision regarding independent contractors and employees...more
• The California Supreme Court recently held that an employee could not pursue contract and tort claims against a payroll service provider for unpaid wages.
• The Court found that (1) an employee was not a “third-party...more
2/13/2019
/ Breach of Contract ,
CA Supreme Court ,
Clerical Errors ,
Duty of Care ,
Employer Liability Issues ,
Negligence ,
Negligent Misrepresentation ,
Payroll Companies ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour ,
Wage Orders
• The California Court of Appeal recently expanded the application of reporting time pay to certain types of “on-call” shifts.
• If an employer requires an employee to call in or otherwise contact the employer to find out...more
2/8/2019
/ Appeals ,
Call-In Pay ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
On-Call Employees ,
Reporting Requirements ,
Retailers ,
Wage and Hour ,
Wage Orders ,
Work Schedules
• In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted a new standard for determining whether workers should be classified as employees or as independent contractors for purposes of the...more
5/4/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Wage and Hour ,
Wage Orders
• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act.
• The 9th Circuit ruling does not address whether...more
Commissioned salespersons are employed in a variety of industries. While “outside salespeople” are generally exempt from minimum wage and meal and rest break requirements, so-called “inside” salespeople working at a retail...more
The Department of Labor (DOL) has released its final rule amending the executive, administrative, professional, and computer employee exemptions under the Fair Labor Standards Act (FLSA). The new rule, which goes into effect...more
If you read one thing...
- California legislature has passed amendments to the California Fair Pay Act, which the Governor has said he will sign into law.
- The amendments expand protections against inequality...more
The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more