In a rare victory for employers, the California Supreme Court unanimously held in Naranjo v. Spectrum Sec. Serv., Inc., S279397 (Decided 6 May 2024) that an employer’s “objectively reasonable, good faith belief” that it has...more
On 18 January 2024, the Supreme Court of California (Court) unanimously held that trial courts lack inherent authority to dismiss with prejudice claims brought under the Labor Code Private Attorneys General Act of 2004 (PAGA)...more
Highlights of Adolph v. Uber Tech., Inc. PAGA representatives retain standing to prosecute non-individual PAGA claims in court, even when their individual PAGA claims are compelled into arbitration....more
UPDATE: SVB depositors are expected to be able to access their deposits on 13 March, 2023. We are closely watching developments on this topic. For more information, refer to this Joint Statement by the Department of the...more
On 22 February 2023, the U.S. Supreme Court ruled that a high-earning professional must be paid on a salary basis to be exempt from overtime rules. Under the Fair Labor Standards Act (FLSA), an employee is exempt from...more
Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more
8/19/2022
/ Confidentiality Agreements ,
Employer Liability Issues ,
Employment Discrimination ,
Non-Disclosure Agreement ,
Retaliation ,
Separation Agreement ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws
On 15 June, 2022, the Supreme Court of the United States (SCOTUS) delivered the 8-1 opinion in the matter Viking River Cruises, Inc. v. Moriana, which held that the California Supreme Court decision of Iskanian v. CLS...more
Highlights of Naranjo v. Spectrum Security Services, Inc. Premium pay - the additional hour of pay non-exempt employees are entitled to if their employer fails to provide them with timely, full, and uninterrupted meal and...more
Near the end of 2021, a flurry of decisions that significantly affect employers facing and settling Private Attorneys General Act (PAGA) lawsuits were published. The first two decisions, Uribe v. Crown Building Maintenance...more
Update to Chamber of Commerce v. Bonta - We recently published an alert on the status of arbitration agreements in California after the Chamber of Commerce v. Bonta decision. A quick update to this case: the Chamber of...more
In this edition, we spotlight two key California labor and employment developments, a recent California Supreme Court ruling relating to meal and rest break premiums paid at the regular rate of pay (Ferra), and a reminder...more
Highlights of Ferra v. Loews Hollywood Hotel, LLC - Premiums for noncompliant meal, rest, and recovery periods must be paid at the “regular rate of pay” rather than the base hourly rate. The decision applies retroactively,...more
On 30 April 2018, the California Supreme Court issued the seminal decision in Dynamex Operations West, Inc. v. Superior Court, adopting the “A-B-C Test” for determining independent contractor status in the state. The A-B-C...more
HIGHLIGHTS: An otherwise facially neutral policy of rounding meal period start and end times are noncompliant with California meal period laws where the policy sometimes resulted in underpayment of meal period premiums....more