Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the...more
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more
9/9/2020
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Music Industry ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Writers
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took...more
9/9/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Music Industry ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Writers
Seyfarth Synopsis: In its first published ruling on such issues, the U.S. Court of Appeals for the Second Circuit disagreed with some earlier court rulings and, in keeping with the U.S. Department of Labor’s new interpretive...more
Seyfarth Synopsis: “Per diem” (or per day) employment may seem like a simple way to maintain a flexible workforce enabling employers to respond to last-minute changes in staffing needs. But certain legal and practical issues...more
Seyfarth Synopsis: Many employers are asking whether they need to provide documentation to employees performing work during a shelter-in-place or similar order and increasingly, employees are demanding such documentation. ...more
Seyfarth Synopsis: The Department of Labor Standards and Enforcement, the Employment Development Department, and CalOSHA now have FAQs addressing how the COVID-19. coronavirus affects California businesses....more
3/10/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Business Interruption ,
Cal-OSHA ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
DLSE ,
EDD ,
Emergency Management Plans ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Payroll Periods ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Salaried Employees ,
Supply Chain ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more
3/5/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Exempt-Employees ,
Federal Labor Laws ,
Furloughs ,
Health and Safety ,
Infectious Diseases ,
Labor Law Violations ,
Layoffs ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more
Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation...more
Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors....more
Seyfarth Synopsis: On Tuesday, the Third Circuit issued a decision rejecting the U.S. DOL’s general position that incentive bonuses paid to employees by a third-party must be factored into overtime pay. While the decision...more
Seyfarth Synopsis: A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long. While the Court of Appeal’s ruling involved employees of 24-hour residential care...more
Seyfarth Synopsis: In a recent decision, the Third Circuit Court of Appeals rebuked a Pennsylvania district court’s skeletal analysis of plaintiffs’ class action claims. Particularly, the court took issue with the district...more
1/9/2019
/ Appeals ,
Banking Sector ,
Class Action ,
Class Certification ,
Commonality ,
Employment Litigation ,
Employment Policies ,
FRCP 23 ,
Mortgage Loan Officer ,
Over-Time ,
Predominance Requirement ,
Wage and Hour
Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a...more
Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the...more
Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the...more
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more
10/4/2016
/ Age Discrimination ,
Agricultural Workers ,
Background Checks ,
California Privacy Rights Act (CPRA) ,
Choice-of-Law ,
Criminal Background Checks ,
Domestic Violence ,
DUI ,
Employment Contract ,
Employment Discrimination ,
Entertainment Industry ,
Equal Pay ,
Fair Pay Act ,
FEHA ,
Forum Selection ,
Gender-Based Pay Discrimination ,
Governor Vetoes ,
Hiring & Firing ,
Immigrants ,
Janitorial Services ,
Juror ,
Leave of Absence ,
Lyft ,
Minimum Wage ,
New Legislation ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Parental Leave ,
Pay Equity Laws ,
Pay Gap ,
Popular ,
Property Service Workers ,
Restroom Legislation ,
Sexual Harassment ,
Sharing Economy ,
State and Local Government ,
Talent Services Act ,
Transportation Industry ,
Uber ,
Wage and Hour ,
Wage Statements ,
Wage Theft ,
Workplace Safety
Seyfarth Synopsis: A court has temporarily suspended the deadline for employers to elect the statutory “safe harbor” for purposes of complying with recent legislation that makes it even more difficult for employers that pay...more
The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more
We normally write about how California law differs from American law generally. Today, though, we highlight a recent California case that rejected the notion that California law should deviate from analogous federal wage and...more
As 2015 drew to a close, the DLSE issued several publications regarding California’s new piece-rate legislation, AB 1513, reminding California employers that it is now even more difficult to pay employees on a piece-rate...more
As technology continues to expand and evolve, employers increasingly are needing the services of highly-skilled computer programmers, software engineers, systems analysts, and similar employees. Often, these employees desire...more