Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging....more
The California Labor & Workforce Development Agency (LWDA) recently published Frequently Asked Questions (FAQ) on the Private Attorneys General Act (PAGA), providing an overview of the complicated law and the recent...more
For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more
On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills. In the Estrada decision, the California Supreme Court resolved a split of authority on the issue of whether trial courts...more
In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and...more
In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims...more
Today, November 29, 2022, the Los Angeles City Council passed the Fair Work Week Ordinance on the second reading. The ordinance now goes to the mayor for final approval. If approved by the mayor, it will take effect on April...more
In Grande v. Eisenhower Medical Center, FlexCare, LLC (“FlexCare”), a temporary staffing agency, assigned Plaintiff to work as a nurse at Eisenhower Medical Center (“Eisenhower”). The plaintiff alleged that during her...more
The underlying action, Naranjo v. Spectrum Security Services, was a class action brought by former and current employees, alleging violations of meal period violations. The plaintiffs sought not only premium wages for the...more
The California Court of Appeal, in Cirrincion v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this...more
The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs.
While the state’s...more
12/23/2021
/ CA Supreme Court ,
Corporate Counsel ,
DLSE ,
Ethics ,
Labor Commissioners ,
McDonnell Douglas Formula ,
Rest and Meal Break ,
Retaliation ,
State Labor Laws ,
Statute of Limitations ,
Termination ,
Wage and Hour ,
Whistleblowers
On November 15, 2021, the city council of West Hollywood passed a comprehensive ordinance that implements the highest minimum wage in the country and new leave requirements for employees in the city...more
As California moves toward a tentative reopening date of June 15, employers may be considering bulking up their workforce again. If hiring new employees, employers should consider the guidance issued by the California...more
The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar...more
3/3/2021
/ ABC Test ,
California ,
Flexible Work Arrangements ,
Grand Theft ,
Pay Data ,
Proposed Legislation ,
Remote Working ,
Telecommuting ,
Wage and Hour ,
Wage Statements ,
Wage Theft ,
Work Schedules
As the state of California approaches one year of being under various shelter-in-place orders, the Labor & Workforce Development Agency and the Department of Industrial Relations have consolidated resources for employers into...more
On September 28, 2020, Governor Newsom signed Assembly Bill 2992, which imposes further limitations on employers from discharging, discriminating, or retaliating against an employee who is a victim of crime or abuse. Before...more
As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. In some circumstances, employers must implement a...more
On July 13th two of the largest school districts in California, Los Angeles Unified School District and San Diego Unified School District announced that the school year would start in August with students attending virtually...more
Under the California Workers’ Compensation Act (“the Act”), employers must carry workers’ compensation insurance for employee injuries or illnesses which “arise out of and in the course of” employment. The Act, first passed...more
As shelter in place orders were rolled out in California, many businesses transitioned their workforce to remote work for the first time. Employers had to determine how to track hours worked or what qualified as a business...more
The California Supreme Court has held that, under state law, when an employee earns a flat sum bonus during a pay period, the overtime pay rate will be calculated using the actual number of non-overtime hours worked by the...more
A class of security guards received an early holiday present from the California Supreme Court on December 22.
The Court ruled that California law requires employees on rest breaks be relieved of all duties. It...more