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Employer Liability Issues Penalties Labor Code

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts employers: Proposed private attorney general act for wage-hour claims is a major concern

For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen (D-Essex) has proposed a bill (H.1916) to establish a private right of action by employees on behalf of themselves, their fellow...more

CDF Labor Law LLP

LWDA Publishes PAGA Frequently Asked Questions

CDF Labor Law LLP on

The California Labor & Workforce Development Agency (“LWDA”) recently published Frequently Asked Questions pertaining to the Private Attorneys General Act (“PAGA”) and the recent amendments that impact PAGA claims after June...more

CDF Labor Law LLP

[Webinar] Navigating the New PAGA - A Strategic Guide for Employers - September 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join us for a complimentary webinar during which CDF partners will discuss the new iteration of California’s Private Attorneys General Act (PAGA) and related legal developments while providing attendees with strategic...more

Fisher Phillips

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

Fisher Phillips on

The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,...more

K&L Gates LLP

Keeping the Faith: Employer's Good Faith Belief Prevails

K&L Gates LLP on

In a rare victory for employers, the California Supreme Court unanimously held in Naranjo v. Spectrum Sec. Serv., Inc., S279397 (Decided 6 May 2024) that an employer’s “objectively reasonable, good faith belief” that it has...more

Stradling Yocca Carlson & Rauth

The Magic Carpet Ride Comes to an End: PAGA Claims Can No Longer Be Stricken on Manageability Grounds

On January 18th, the California Supreme Court in Estrada v. Royalty Carpet Mills, Inc. ruled that defendants sued under the Private Attorney General Act (PAGA) may no longer strike unmanageable claims.  PAGA claims are...more

Davis Wright Tremaine LLP

Workplace Violence Prevention Obligations Coming to Most California Worksites

The California Legislature has enacted a first-of-its-kind workplace violence prevention law that applies across all industries and to nearly every employer with operations in California. On September 30, 2023, Governor Gavin...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

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

CDF Labor Law LLP on

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...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

Sheppard Mullin Richter & Hampton LLP

Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties

In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality...

As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in...more

Fisher Phillips

Federal Appeals Court Severely Limits Subsequent Violation Rate For California PAGA Penalties

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In a win for employers, the U.S. Court of Appeal for the 9th Circuit just ruled that heightened penalties for subsequent violations under California’s Private Attorney General Act (PAGA) cannot be imposed until the employer...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

Hogan Lovells on

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Lewitt Hackman

Good News for Employers: No Derivative Penalties for Meal or Rest Break Violations

Lewitt Hackman on

Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities....more

Payne & Fears

Key California Employment Law Cases: August 2018

Payne & Fears on

This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Seyfarth Shaw LLP

Delay in Correcting Paycheck Clerical Error Leads to Large Fee Award

Seyfarth Shaw LLP on

Seyfarth Synopsis: An employer did not incur waiting time penalties for inadvertently misstating the amount of pay on a final paycheck, but was liable for its delay in correcting the error. And, by taking an appeal from a...more

Sheppard Mullin Richter & Hampton LLP

Court Expands Reach of California PAGA Representative Actions

The California Court of Appeals recently decided a new case potentially expanding the scope and impact of Private Attorneys General Act (PAGA) claims brought by an employee against his employer. In Huff v. Securitas Security...more

Bass, Berry & Sims PLC

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

Bass, Berry & Sims PLC on

Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more

Bass, Berry & Sims PLC

New Protections for Immigrants

Bass, Berry & Sims PLC on

The California legislature has added a new provision to the Labor Code expanding protections from “unfair immigration-related practices” (originally passed in 2013) beyond the retaliation context and extending protections to...more

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