Following the U.S. Supreme Court’s June decision in Viking River Cruises, Inc. v. Moriana, employers in California have awaited further guidance by federal courts regarding the scope and impact of this key decision that ruled...more
In California, wage and hour claims are more common than claims of wrongful termination and harassment. Fortunately, employers have had a variety of forums in which to resolve wage and hour claims. Because litigation can be...more
While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more
10/5/2021
/ Bonuses ,
CA Supreme Court ,
Class Action ,
Employee Commissions ,
Employer Liability Issues ,
Employment Litigation ,
Exclusions ,
Incentive Compensation ,
Labor Law Violations ,
Over-Time ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Salaried Employees ,
Unpaid Wages ,
Wage and Hour
The California Supreme Court ruled yesterday that if an employer fails to provide a legally compliant meal period or rest break, the wage premium they must pay out must be paid at the “regular rate of compensation” – which...more
The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more
California law does not require employers to provide their employees with paid vacation. However, if an employer has a policy providing its employees with paid vacation, the administration of the benefits is strictly...more
10/5/2020
/ Appeals ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Code ,
Non-Residents ,
Paid Leave ,
Paid Time Off (PTO) ,
Severance Agreements ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour
The standards for “suitable seating” cases in California were set by the California Supreme Court’s landmark 2016 decision of Kilby v. CVS Pharmacy, Inc. Ever since this decision was handed down, employers and employee...more
The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more
The California appellate courts, and the California Supreme Court, continue to weigh in on significant and compelling wage and hour issues that affect employers each day.
“Hours Worked” Under The Control Test – Going Back...more
In a unanimous decision, the California Supreme Court just held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when...more
2/15/2020
/ Apple ,
Bright-Line Rule ,
CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Integrity Staffing v Busk ,
Security Checks ,
Wage and Hour ,
Wage Orders