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CA Supreme Court Employer Liability Issues Wage Orders

Manatt, Phelps & Phillips, LLP

California Supreme Court Rules on 'Hours Worked'

The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

Venable LLP

California Supreme Court Clarifies What Qualifies as Hours Worked

Venable LLP on

Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees....more

Littler

California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

Littler on

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage...more

Allen Matkins

California Supreme Court Clarifies Formula for Calculating Payment of Meal, Rest, and Recovery Break Premiums

Allen Matkins on

On July 15, 2021, the California Supreme Court issued a decision that has an impact on all California employers and the manner in which meal, rest, and recovery break premiums are calculated. Labor Code Section 226.7(c)...more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

Stokes Wagner on

On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

Dorsey & Whitney LLP on

In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court’s Decision on Premium Payments for Meal, Rest, and Recovery Break Violations

On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more

Payne & Fears

California Supreme Court Holds That Meal And Rest Period Premiums Must Be Paid At The “Regular Rate Of Pay”

Payne & Fears on

Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more

Payne & Fears

California Supreme Court Rejects Use of Rounding Policies for Meal Periods

Payne & Fears on

Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more

Payne & Fears

California Supreme Court Holds That Dynamex Applies Retroactively

Payne & Fears on

Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the...more

Dorsey & Whitney LLP

California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively

Dorsey & Whitney LLP on

Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more

Proskauer - California Employment Law

Time Spent By Employees In Exit Searches Is Compensable

Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020) - Earlier this year, the California Supreme Court answered a question certified to it by the Ninth Circuit: “Is time spent on the employer’s premises waiting for,...more

Payne & Fears

Key California Employment Law Cases: June 2020

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Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary:  Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Davis Wright Tremaine LLP

California Employer’s Call-In Policy Triggers Reporting Time Pay

“Reporting time” pay must be paid when an employee is required to call in before their shift to find out if they have to work that shift. On March 19, 2020, the United States Court of Appeals for the 9th Circuit in Herrera v....more

Proskauer - California Employment Law

California Employment Law Notes - March 2020

Time Spent By Employees In Exit Searches Is Compensable - Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) - In this opinion, the California Supreme Court answered a question certified to it by the United...more

Payne & Fears

Key California Employment Law Cases: February 2020

Payne & Fears on

Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Davis Wright Tremaine LLP

California Employees Must Be Paid for Time Spent During Security Checks

Employers must pay their California employees for time spent on the employer’s premises waiting for and undergoing required exit searches of employee’s bags, packages, and other personal items, even if these items were...more

Perkins Coie

California Supreme Court Requires Employers to Pay for Mandatory Exit Searches

Perkins Coie on

The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more

Downey Brand LLP

California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches

Downey Brand LLP on

Last week, in Frlekin v. Apple, Inc., the California Supreme Court held that employee exit searches constituted compensable “hours worked” under California law. Under its “Employee Package and Bag Searches” policy, Apple...more

Stokes Wagner

California Supreme Court Rules in Favor of Compensation During Mandatory Employee Exit Searches

Stokes Wagner on

On February 13, 2020, the California Supreme Court issued its opinion in Frlekin v. Apple, Inc., holding that the time employees spend waiting for their bags and other personal belongings to be screened at the end of a...more

Stoel Rives - World of Employment

California Supreme Court Clarifies What Constitutes “Hours Worked” Under California Law

In Amanda Frlekin v. Apple Inc., No. S243805 (Feb. 13, 2020), the California Supreme Court responded to a request by the United States Court of Appeal for the Ninth Circuit to answer the following question...more

Faegre Drinker Biddle & Reath LLP

California Employers: Required Security Screening May Be Compensable Work Time

Employees must be paid for time spent waiting for, and undergoing, searches of their bags, packages and personal technology devices, the California Supreme Court ruled February 13, 2020, in Amanda Frlekin, et al. v Apple,...more

Payne & Fears

California Supreme Court Holds That Time Spent Undergoing Exit Searches Constitutes Compensable "Hours Worked"

Payne & Fears on

On February 13, 2020, in a unanimous opinion, the California Supreme Court held in Frlekin v. Apple Inc., Case No. S243805, that time spent on an employer's premises waiting for, and undergoing, required exit searches of...more

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