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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

Supreme Court Scratches “Triple Bank Shot” Attempt to Invalidate Class/Collective Action Waivers

In a 5-4 opinion in Epic Systems Corp. v. Lewis and two companion cases, the U.S. Supreme Court on May 21, 2018, held that class and collective action waivers in employees’ arbitration agreements are enforceable under 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

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Court Strikes Down Obama Administration Overtime Rule

On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more

Calif. High Court OKs Discovery of Employee Contact Info Based on Filing of PAGA Suit

On July 13, 2017, the California Supreme Court handed down a decision in a long-running dispute in wage and hour litigation regarding whether employers must disclose employees’ names and contact information. In its first...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

The Perils of Calculating Regular Rate of Pay

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...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

‘Not Completely Disassociated’: 4th Circuit Creates New FLSA Joint Employer Test

On Jan. 25, 2017, in Salinas v. Commercial Interiors, Inc., the 4th Circuit created a brand-new test for joint employer liability under the Fair Labor Standards Act (FLSA). The 4th Circuit’s approach to FLSA joint employer...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

Federal Court Temporarily Halts Nationwide Enforcement of New DOL Overtime Rule

On Nov. 22, 2016, a federal court in Texas issued a preliminary injunction temporarily halting nationwide enforcement of the U.S. Department of Labor’s new final rule regarding Fair Labor Standards Act overtime regulations...more

Los Angeles Continues Municipal Trend and Enacts Paid Sick Leave Ordinance

On July 1, 2016, Los Angeles introduced its own paid sick leave ordinance as part of the Los Angeles Minimum Wage Ordinance. The requirements of this ordinance are in addition to California’s state-wide paid sick leave...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

FAQs on Department of Labor’s New FLSA Overtime Rule

As we reported on May 18, 2016, the U.S. Department of Labor (DOL) published its new final rule regarding the overtime regulations of the federal Fair Labor Standards Act (FLSA). The following are key FAQs coming out of our...more

California Supreme Court Clarifies When Employers Must Provide Employees With Seats

On April 4, 2016, the California Supreme Court issued an opinion with important implications for all California employers. For the first time, the court interpreted the meaning of wage orders promulgated by California’s...more

New California FEHA Regulations Impose Additional Anti-Harassment and Non-Discrimination Requirements on Employers

On April 1, 2016, new amended regulations promulgated under the California Fair Employment and Housing Act (FEHA) will take effect, and they cover a range of topics. Some of the key provisions include: - new...more

California's Equal Pay Act Amended to Provide Additional Protections for Workers Against Gender-Based Wage Differentials

On Oct. 6, 2015, California Governor Jerry Brown signed into law Senate Bill 358 (SB 358), amending California’s Equal Pay Act (CEPA) to make it easier for workers to discover and prove the existence of unlawful gender-based...more

New California Law Impacting Change in Control of Grocery Stores

The new law, Assembly Bill 359, will require that, upon a “change in control” of a “grocery establishment,” the seller must prepare a list of “specified eligible grocery workers” for a successor grocery employer, which would...more

Urgency Legislation Clarifies California’s New Paid Sick Leave Law

As discussed in our prior article, the recently enacted Healthy Workplaces, Healthy Families Act of 2014 requires employers to provide paid sick leave to California employees who work in California for 30 or more days within...more

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