California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even...more
1/26/2024
/ Appeals ,
CA Supreme Court ,
California ,
Deadlines ,
Declaratory Judgments ,
Employment Litigation ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State Bans ,
Unfair Competition ,
Unfair Labor Practices ,
Written Notice
Ruling on a lingering legal issue from the COVID-19 pandemic, the California Supreme Court held that an employer is not liable for cases of “take-home” COVID-19 — that is, where a household member allegedly caught the virus...more
7/21/2023
/ CA Supreme Court ,
Cal-OSHA ,
California ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Infectious Diseases ,
Labor Reform ,
Regulatory Requirements ,
State Labor Laws
Last year, in Naranjo v. Spectrum Security Services, Inc., 13 Cal.5th 93 (2022), the California Supreme Court held that an employer’s failure to timely pay premium pay for meal and rest break violations could subject the...more
Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more
California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally...more
10/6/2022
/ CA Supreme Court ,
California ,
Drug Testing ,
Employment Discrimination ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Health and Safety ,
Hiring & Firing ,
Proposition 64 ,
Recreational Use ,
State Bans ,
Telecommunications ,
Termination
Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics.
...more
8/1/2022
/ Appeals ,
CA Supreme Court ,
California ,
Fair Labor Standards Act (FLSA) ,
Healthy Workplaces Healthy Families Act 2014 ,
Independent Contractors ,
Labor Code ,
Labor Commissioners ,
Liquidated Damages ,
Minimum Wage ,
Penalties ,
Personal Liability ,
Sick Leave ,
Statute of Limitations ,
Unfair Competition ,
Wage and Hour
Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more
7/26/2021
/ CA Supreme Court ,
California ,
Class Action ,
Compensation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Meal Penalties ,
New Regulations ,
Rest and Meal Break ,
Wages
When California employers have arbitration agreements with employees, those agreements may encompass a dispute concerning wages. If an employee sues for wages, the employer can petition the court to compel arbitration based...more
Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair...more