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Keeping the Faith: Employer's Good Faith Belief Prevails

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

California Supreme Court Allows Unmanageable PAGA Claims to Survive Challenge

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

Stand and Deliver: PAGA Plaintiffs May Still Litigate Representative Claims Not Compelled Into Arbitration

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

Silicon Valley Bank Collapse: Implications for Employers

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

Reminder: High-Earning Exempt Professionals Must Be Paid a "True Salary—A Steady Stream Of Pay"

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

Working Wise: Silenced No More: A Survey Across Three States

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

The Supreme Court Rules the FAA Preempts Iskanian's Prohibition Against Arbitration of Individual Private Attorney General Act...

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

California Supreme Court Raises the Stakes (Again) on Meal and Rest Break Law by Adding Derivative Penalties

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

The Essentials - California Employment Law Update

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

The Essentials - California Employment Law Update

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

The Essentials - California Employment Law Update

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

Just When You Thought You Understood California's Meal and Rest Break Premium Laws…

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

California's Preemption Analysis Creates Circuit Split Making AB-5 Ripe for Supreme Court Review

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

California Supreme Court Strikes Down Meal Break Rounding; Establishes Presumption of Noncompliance Through Records

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

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