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Calif. Employees Can Dial for Dollars Under Employers’ On-Call Scheduling Policies

On Feb. 4, 2019, the California Court of Appeal decided Ward v. Tilly’s, Inc., holding that employers must provide “reporting time pay” when requiring employees to call in prior to a potential shift to learn whether they must...more

In With the New! New California Employment Laws for 2019

As 2019 quickly approaches, a number of new California laws impacting employers are set to take effect. As a response to the #MeToo and #TimesUp movements, a number of these new laws address sexual harassment in the...more

California Supreme Court Adopts “ABC Test” to Evaluate Independent Contractor Status

On April 30, 2018, the California Supreme Court issued a long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the legal standard for distinguishing between employees and independent contractors....more

Employers May Not Use Pay History as Defense to Equal Pay Act Claims

Earlier this week, just one day before Equal Pay Day, the 9th Circuit issued an en banc opinion in Rizo v. Yovino, holding that a prospective employee’s pay history cannot justify a wage disparity as a “factor other than sex”...more

California Supreme Court Departs From Federal Law in Overtime Calculations

Although most states follow federal law in calculating overtime and other wage and hour issues, California does not. The California Supreme Court reinforced this principle on March 5, 2018, when it held in Alvarado v. Dart...more

Calif. Adopts New Salary History, Pay Scale Requirements

On Oct. 12, 2017, California Gov. Jerry Brown signed a new law that restricts employers’ use of applicants’ salary history during the hiring process. This law will also require employers to provide the applicable pay scale to...more

California Supreme Court Clarifies State “Day of Rest” Requirements

On May 8, 2017, in Mendoza v. Nordstrom Inc., the California Supreme Court clarified California’s 80-year-old laws entitling employees to a “day of rest” and generally prohibiting employers from “causing” employees to work...more

California Court Foils Attempt to Avoid Prohibition on Pre-Dispute Jury Waivers

While most states permit parties to waive the right to a jury trial by contract before a dispute arises, the California Supreme Court held over a decade ago that California is not one of them. Recently, a California court...more

Are College Recruiting Programs Age Discrimination?

On Feb. 17, 2017, in Rabin v. PricewaterhouseCoopers LLP, the U.S. District Court for the Northern District of California ruled that job applicants could maintain a disparate impact claim under the Age Discrimination in...more

On-Call Rest Breaks Violate California Law

On Dec. 22, 2016, the California Supreme Court ruled in Augustus, et al. v. ABM Security Services, Inc. that an employer’s policy requiring employees to remain “on call” during paid rest breaks violated state law. This...more

Court Places CA Piece-Rate Pay Statute’s July 1 “Safe Harbor” Filing Deadline on Hold

On June 30, 2016, Judge Jeffrey Hamilton of the California Superior Court in Fresno County granted a temporary restraining order (TRO) preventing the enforcement of various aspects of California’s new piece-rate pay statute,...more

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