The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Constangy Clips Ep. 4 - 3 Things that Keep your Labor and Employment Lawyer Up at Night
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
Clocking in with PilieroMazza: The Labor Equation: Pricing for Success
California Employment News: The Basics of Pay Exemptions
The Chartwell Chronicles: Employment Law
Podcast: California Employment News - The Basics of Wage Statement Compliance (Part 1)
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
The Labor Law Insider: Beware the Unfair Labor Practice - Not Just for Unions Anymore
What Should I Do If My Employer Failed to Pay Me Wages?
II-31- The Changing 9 to 5 From 1980 to Today
Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more
The comprehensive reform of California’s Private Attorneys General Act is now the law. The PAGA reform (AB 2288 and SB 92) was a result of an agreement approved by Governor Newsom that removed the vote on the repeal of PAGA...more
CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights and updates on California wage and hour laws, as well as essential best practices for employers to ensure compliance and minimize...more
In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more
In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more
On April 14, 2022, the SJC held that where employees’ sole claims for overtime wages rest on the employer’s liability under the FLSA, employees are limited to the remedies provided under the FLSA, and may not receive treble...more
If you have employees in California, it is time to review how you pay them for missed meal and rest breaks. The California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC, will change the way many companies...more
The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour...more
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court rejected the longstanding view that meal and rest break premiums are paid at the employee’s base rate, rather than at the more complicated regular rate of...more
Levanoff v. Dragas, Nos. G058480, G058709, 2021 WL 2621360 (Cal. Ct. App. June 25, 2021) - Summary: Employer did not violate California law by selecting a method of calculating the regular rate of pay that most benefitted...more
While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more
As you might recall from our previous post, The 10th Circuit Grants Re-leaf to Workers Seeking Overtime Under the FLSA, the 10th Circuit held that cannabis employers are not immune from federal overtime laws even though the...more
In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more
Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more
On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers...more
California is a difficult landscape for employers, and last month, the California Supreme Court made that landscape all the more difficult. In a case called Alvarado v. Dart Container Corp., the California Supreme Court...more
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more
California businesses must follow a different standard than that allowed under the federal rules when calculating overtime to address flat sum bonuses. ...more
This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more
Earlier this month, the Federal Department of Labor (“DOL”) announced a new pilot program for employers to audit and self-report their payroll practices to the DOL. The program is dubbed the “Payroll Audit Independent...more
Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more
The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period....more
On March 5, 2018, the California Supreme Court decided Alvarado v. Dart Container Corp., and formally diverged from the federal regulations on calculating overtime for flat rate bonuses....more