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
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
Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more
1/4/2019
/ Appeals ,
CA Supreme Court ,
Compensation ,
Employee Commissions ,
Employer Liability Issues ,
Labor Code ,
Minimum Wage ,
Payroll Records ,
Petition for Review ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Wage and Hour ,
Wage Orders
The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more
7/6/2018
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Entrepreneurs ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Misclassification ,
Retroactive Application ,
Right to Control ,
State Labor Laws ,
Terms and Conditions ,
Wage and Hour ,
Wage Orders
A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more
A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more