News & Analysis as of

CA Supreme Court Putative Class Actions Wage and Hour

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

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

Stokes Wagner on

On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

Manatt, Phelps & Phillips, LLP

Meal, Rest Break Violations Trigger Additional Penalties in California

Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court. ...more

Stokes Wagner

California Supreme Court Holds Premium Pay for Missed Breaks Constitutes “Wages” That Must Be Reported on Wage Statements and Paid...

Stokes Wagner on

On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

ArentFox Schiff

Class Actions Quarterly Update: Fashion and Retail Quarterly Update

ArentFox Schiff on

In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more

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

California Supreme Court to Review Meal and Rest Period Premium Calculation Case

The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

FordHarrison

Ninth Circuit Applies Dynamex Retroactively

FordHarrison on

In 2018, the California Supreme Court adopted the “ABC test” for determining whether workers are independent contractors under California wage orders (the Dynamex decision). For a discussion of that decision....more

Manatt, Phelps & Phillips, LLP

Starbucks to Face Suit Over De Minimis Time

Starbucks to Face Suit Over De Minimis Time - Why it matters - A putative class action against Starbucks will move forward after the U.S. Court of Appeals, Ninth Circuit applied the reasoning of the California Supreme...more

Fisher Phillips

Of Trifles And Truffle Mochas: How A Recent Case Against Starbucks May Impact Retailers

Fisher Phillips on

This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent. The court held that California...more

Orrick - Employment Law and Litigation

Wait a Minute…California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work

On July 26, 2018, the California Supreme Court found that employers must compensate workers for the time they spend on certain menial tasks after clocking out of their shifts. In a unanimous decision, the Court held that...more

Stoel Rives - World of Employment

California Supreme Court Determines that the Federal De Minimis Doctrine Does Not Apply to California Wage Claims

In Troester v. Starbucks Corp., the California Supreme Court determined that the federal de minimis doctrine does not apply to California wage claims. While this ruling does not completely eviscerate this legal defense for...more

Stoel Rives - World of Employment

California Supreme Court Instructs Employers How to Calculate Employee Overtime Pay Rate

In Alvarado v. Dart Container Corporation of California, the California Supreme Court determined how employers must calculate an employee’s overtime pay rate when the employee earns a bonus during a single pay period. While...more

Payne & Fears

Key California Employment Law Cases: July 2017

Payne & Fears on

This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

Stoel Rives - World of Employment

California Supreme Court Clarifies California’s Day of Rest Statutes

In Mendoza v. Nordstrom, the California Supreme Court answered three questions from the Ninth Circuit concerning California’s “day of rest” statutes. The Court’s decision clarifies a significant ambiguity for employers...more

Orrick - Employment Law and Litigation

Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

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