California has long required employers to pay employees a wage premium that is the equivalent to one hour of regular pay if they are not provided a compliant meal or rest break. This single issue is the subject of countless...more
On March 27, 2020, the President signed into law a massive two trillion dollar stimulus bill addressing a wide range of challenges to our economy caused by the coronavirus (“COVID-19”) pandemic. ...more
4/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Furloughs ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
Sick Pay ,
Tax Credits ,
Unemployment Benefits ,
Wage and Hour
With the number of confirmed cases of the novel coronavirus (COVID-19) rising in California, the Department of Industrial Relations (DIR) and the Employment Development Department (EDD) have issued guidance and reminders on...more
3/11/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Industrial Relations ,
EDD ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
New Guidance ,
OLSE ,
Proposed Legislation ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more
3/5/2020
/ Appeals ,
Deceased ,
Defense Strategies ,
Employer Liability Issues ,
En Banc Review ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
Salary/Wage History ,
Sex Discrimination ,
Wage and Hour ,
Yovino v Rizo
The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more
12/3/2019
/ Appeals ,
Calculation of Damages ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Code ,
Labor Law Violations ,
Labor Regulations ,
Penalties ,
Rate of Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The legal community paid close attention to the California Supreme Court’s 2018 Dynamex decision which adopted a strict test to curtail misclassification of workers as independent contractors. Now that the California...more
10/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more
9/28/2019
/ ABC Test ,
Ballot Measures ,
Borello Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour ,
Wage Orders
California is the birthplace of many of the best-known apps credited – or blamed, depending on your point of view – with fueling the gig economy. But the California Supreme Court issued a ruling on April 30, 2018 that will...more
5/7/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour