A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
Standing ,
State Labor Laws ,
Statutory Interpretation ,
Viking River Cruises Inc v Moriana ,
Wage and Hour
In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes....more
6/10/2025
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Employer Responsibilities ,
Employment Litigation ,
Federal Arbitration Act ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Wage and Hour
The Private Attorneys General Act of 2004 (“PAGA”) was intended to allow employees to bring actions on behalf of the State of California against employers who failed to comply with Labor Code sections that were considered...more
California law has long held that an employer’s good faith dispute over wages owed, if any, to its employees will preclude the imposition of “waiting time” penalties otherwise due following the termination of their...more
Senate Bill 616, which was signed into law by Governor Newsom this month, amends existing law regarding paid sick leave to California employees....more
Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more
4/4/2023
/ Control Test ,
Costco ,
DLSE ,
Employer Liability Issues ,
Employment Litigation ,
Exemptions ,
Minimum Wage ,
Over-Time ,
Rest and Meal Break ,
Salespersons ,
Unpaid Overtime ,
Wage and Hour
As we reported on June 30, 2022, the Los Angeles City Council voted unanimously to adopt a Healthcare Workers Minimum Wage Ordinance, which was designed to increase the minimum wage for workers of private healthcare...more
In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more
6/2/2022
/ CA Supreme Court ,
Employer Liability Issues ,
Labor Code ,
Pre-Judgment Interest ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Constitutions ,
State Labor Laws ,
Wage and Hour ,
Wages
Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more
7/20/2021
/ CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Premium Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Timekeeping ,
Unpaid Overtime ,
Wage and Hour
As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more
5/10/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour