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Wage and Hour Wage Orders Employment Litigation

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

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The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

Nelson Mullins Riley & Scarborough LLP

In Win for Employers, California Appellate Court Confirms Prospective Meal Period Waivers Are Legal

On April 21, 2025, the California Court of Appeals held that prospective written meal period waivers for shifts between five and six hours are lawful, rejecting the argument that meal period waivers must be signed for each...more

Seyfarth Shaw LLP

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

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The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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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

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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

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 Court of Appeal Makes Clear that PAGA Plaintiffs are not Entitled to a Jury Trial and Provides Helpful Guidance on...

On February 18, 2022, the California Court of Appeal issued its decision in Jill LaFace v. Ralphs Grocery Company, __ Cal. App. 5th __ (2022), that provides important guidance in two areas. First, the Court made clear that...more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

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On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

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In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court’s Decision on Premium Payments for Meal, Rest, and Recovery Break Violations

On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more

Fisher Phillips

California Courts Continue To Address “Suitable Seating” Battles

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The standards for “suitable seating” cases in California were set by the California Supreme Court’s landmark 2016 decision of Kilby v. CVS Pharmacy, Inc. Ever since this decision was handed down, employers and employee...more

Proskauer - California Employment Law

IATSE Signatory Was Employer Responsible For Payment Of Unpaid Wages

Mattei v. Corporate Mgmt. Solutions, Inc., 2020 WL 3970367 (Cal. Ct. App. 2020) - Alyosha Mattei and three other lighting technicians, all members of Local 728 of the IATSE trade union, worked on the production of a...more

Payne & Fears

Key California Employment Law Cases: June 2020

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Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Proskauer - California Employment Law

California Employment Law Notes - March 2020

Time Spent By Employees In Exit Searches Is Compensable - Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) - In this opinion, the California Supreme Court answered a question certified to it by the United...more

Davis Wright Tremaine LLP

California Employees Must Be Paid for Time Spent During Security Checks

Employers must pay their California employees for time spent on the employer’s premises waiting for and undergoing required exit searches of employee’s bags, packages, and other personal items, even if these items were...more

Perkins Coie

California Supreme Court Requires Employers to Pay for Mandatory Exit Searches

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The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more

Downey Brand LLP

California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches

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Last week, in Frlekin v. Apple, Inc., the California Supreme Court held that employee exit searches constituted compensable “hours worked” under California law. Under its “Employee Package and Bag Searches” policy, Apple...more

Stokes Wagner

California Supreme Court Rules in Favor of Compensation During Mandatory Employee Exit Searches

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On February 13, 2020, the California Supreme Court issued its opinion in Frlekin v. Apple, Inc., holding that the time employees spend waiting for their bags and other personal belongings to be screened at the end of a...more

Stoel Rives - World of Employment

California Supreme Court Clarifies What Constitutes “Hours Worked” Under California Law

In Amanda Frlekin v. Apple Inc., No. S243805 (Feb. 13, 2020), the California Supreme Court responded to a request by the United States Court of Appeal for the Ninth Circuit to answer the following question...more

Faegre Drinker Biddle & Reath LLP

California Employers: Required Security Screening May Be Compensable Work Time

Employees must be paid for time spent waiting for, and undergoing, searches of their bags, packages and personal technology devices, the California Supreme Court ruled February 13, 2020, in Amanda Frlekin, et al. v Apple,...more

Nilan Johnson Lewis PA

California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

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California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds That Time Employees Spent On Mandatory Exit Inspections Is Compensable

- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable. - The decision rejects the holding by some lower courts that if employees could...more

Dorsey & Whitney LLP

California Supreme Court Rules that Employees Must be Paid During Mandatory Security Searches

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Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more

Constangy, Brooks, Smith & Prophete, LLP

Security Checks Are Compensable "Work" Time, Court Says

California wage-hour law is tougher on employers than federal law. Last Thursday, in Frlekin v. Apple, Inc., the California Supreme Court unanimously held that employees must be paid for time spent in mandatory, onsite...more

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