News & Analysis as of

Employees State Labor Laws CA Supreme Court

Seyfarth Shaw LLP

Minimum Wage Good Faith Defense and Labor Commissioner Appeal Scope

Seyfarth Shaw LLP on

The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more

Jenner & Block

Client Alert: Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

Jenner & Block on

We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more

Mintz - Employment Viewpoints

A New Chapter in California’s Ongoing PAGA is Lava Saga: PAGA Reform

Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

Meyers Nave on

At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

Seyfarth Shaw LLP on

The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

Littler

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

Littler on

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage...more

Seyfarth Shaw LLP

California Supreme Court Attempts To Clarify Issues Of Control

Seyfarth Shaw LLP on

On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more

CDF Labor Law LLP

California Supreme Court Examines Compensable Time Based On Security Checks

CDF Labor Law LLP on

On Monday, the California Supreme Court issued its opinion in Huerta v. CSI Electrical Contractors Inc., answering three questions about the scope of the term “hours worked” in Wage Order No. 16. While Wage Order No.16...more

Conn Maciel Carey LLP

California Supreme Court Resolves Split Among Courts of Appeal, Finding Trial Courts Do Not Have the “Inherent Authority” to...

Conn Maciel Carey LLP on

On January 18, 2024, the California Supreme Court made a significant ruling in the case of Estrada v. Royalty Carpet Mills, Inc., finding that the trial court lacked the inherent authority to dismiss a California’s Private...more

Falcon Rappaport & Berkman LLP

Navigating the Challenges of California’s PAGA Law: Insights for Employers

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

Seyfarth Shaw LLP

The California Supreme Court Pulls The Carpet Out From Underneath Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already...

Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more

ArentFox Schiff

California Rejects Employer Liability for “Take-Home” COVID-19

ArentFox Schiff on

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

Perkins Coie

California Employers Will Not Be Liable for COVID-19 Infections Contracted by Workers’ Household Members

Perkins Coie on

The California Supreme Court unanimously ruled in Kuciemba v. Victory Woodworks, Inc. on July 6, 2023, that California employers cannot be held liable by their workers’ household members when workers contract COVID-19 in the...more

Perkins Coie

California Supreme Court Broadens Whistleblower Protections

Perkins Coie on

The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor...more

CDF Labor Law LLP

California Supreme Court Broadens Whistleblower Protection for Employees

CDF Labor Law LLP on

California Labor Code Section 1102.5(b) prohibits employers from retaliating against “whistleblowing” employees for disclosing information about suspected violations of law to a person with authority over the employee or...more

Proskauer - California Employment Law

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more

McDermott Will & Schulte

California Supreme Court Clarifies Missed-Break Premiums Penalties

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more

Perkins Coie

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

Perkins Coie on

The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more

Buchalter

Naranjo v. Spectrum Security Services, Inc.: The California Supreme Court Determines that Meal and Rest Premiums are Wages and...

Buchalter on

On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately...more

ArentFox Schiff

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

ArentFox Schiff on

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

Perkins Coie

CA Supreme Court Clarifies Standard for Whistleblower Retaliation Claims Under Labor Code Section 1102.5

Perkins Coie on

The Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section...more

McDermott Will & Schulte

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...more

McDermott Will & Schulte

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

McDermott Will & Schulte on

California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide