I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
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
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
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
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
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
Most California employers understand that they are required to provide suitable seating to employees when the nature of their work reasonably permits the use of seats. However, a California Court only recently opined on...more
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
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
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
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
The year 2019 brought a number of adjustments in the legal landscape for California employers – and meal periods were no exception. California appellate courts buckled down on the interpretation of statutory language in two...more
Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more
Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their...more
• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more
On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
For purposes of compliance with California wage orders, a company seeking to establish that a worker is an independent contractor rather than an employee now must meet a three-part test, according to a recent opinion by...more
Ron Holland, Ellen Bronchetti and Kevin Connelly presented on challenges California employers face in light of a stricter definition for independent contractors. They discuss the Dynamex presumption which places the burden on...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more