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Wages CA Supreme Court

Amundsen Davis LLC

California’s Supreme Court Makes It Harder For Employees to Recover Penalties In Wage Statement Claims

Amundsen Davis LLC on

On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it...more

Farella Braun + Martel LLP

Navigating California Wage Statement Penalties After Naranjo v. Spectrum Security Services, Inc.

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and...more

Davis Wright Tremaine LLP

California Supreme Court: Employees Are Not Entitled to Wage Statement Penalties When Employer Acted in Good Faith

Earlier this week, a unanimous California Supreme Court held that employers have a viable good faith defense to claims for statutory penalties arising out of wage statement violations. The Court's decision, in Naranjo v....more

Payne & Fears

Employers Have a Good Faith Defense to Statutory Penalties for Wage Statement Violations

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The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe....more

Proskauer - California Employment Law

Abused California Employers Score A Rare Victory!

The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

Jackson Lewis P.C. on

For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Weintraub Tobin

Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest...

Weintraub Tobin on

Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in...more

Proskauer - California Employment Law

California Supreme Court Expands Employee Whistleblower Protections

The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (California Labor Code § 1102.5(b)) even if the...more

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

California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined...more

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

ArentFox Schiff on

Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

Stokes Wagner on

On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

Ervin Cohen & Jessup LLP

California’s Supreme Court Declares Meal and Rest Period Premiums are “Wages”

In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more

Smith Gambrell Russell

Meal and Rest Period Premium are “Wages” that Must be Reported on Wage Statements, and Paid Timely

Smith Gambrell Russell on

On May 23, 2022, the California Supreme Court issued its opinion in Naranjo v. Spectrum Security Services, Inc., concluding that the one hour of additional compensation that is owed to an employee who does not receive a...more

CDF Labor Law LLP

Meal Premiums Now Considered A “Wage” By California Supreme Court In Naranjo v. Spectrum Security Services, Inc.

CDF Labor Law LLP on

Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

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Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Pillsbury Winthrop Shaw Pittman LLP

Recalculating the Cost of Lunch

The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.” The California Supreme Court held that employers must pay non-exempt...more

Seyfarth Shaw LLP

California Supreme Court Retroactively Penalizes Employers on Meal and Rest Breaks

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court just held that employers, when calculating the premium pay due for failing to provide legally compliant meal and rest periods, must include all nondiscretionary payments—not just pay the...more

Snell & Wilmer

California Supreme Court Holds That Meal and Rest Break Premiums Must Include Commissions, Bonuses and Other Non-Discretionary Pay

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Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more...more

Smith Gambrell Russell

California Meal, Rest, and Recovery Period Penalties Include More Than Just Regular Hourly Wage

Smith Gambrell Russell on

Most California employers know that under Labor Code § 226.7(c), employees who are not provided with a compliant meal, rest, or recovery period must be paid an additional hour of pay for each violation. Most California...more

ArentFox Schiff

Class Actions Quarterly Update: Fashion and Retail Quarterly Update

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In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

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