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Seyfarth Shaw LLP

California Employers — Brace Yourselves; Rules and Penalties are Coming for “Enterprise-wide and Egregious” Violations.

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Seyfarth Synopsis: A new rulemaking is underway at the California Department of Industrial Relations that will allow Cal/OSHA to cite employers for “enterprise-wide and egregious” violations, implementing a 2021 law signed by...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

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In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules That Only Individual PAGA Claims Can Be Compelled to Arbitration

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On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy’s West Stores, after the employer appealed the district court’s decision ordering arbitration of both an employee’s individual and non-individual claims under...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Manatt, Phelps & Phillips, LLP

California Employers Must Pay COVID Work-From-Home Expenses

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California employers must reimburse workers for their COVID work-from-home expenses, a panel of the state’s Court of Appeal has ruled. To accomplish his duties for his employer, Paul Thai required Internet access, telephone...more

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

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Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

CDF Labor Law LLP

A Win for Staffing Agencies in California

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A key issue that staffing agencies often face in litigation is whether the end of a temporary work assignment constitutes a “discharge” of the employee’s employment with the staffing agency. In a favorable ruling for staffing...more

Nilan Johnson Lewis PA

Requirements of California’s New Pay Transparency Law Ironically Opaque

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Starting January 1, 2023, California employers will need to comply with expanded pay transparency obligations. And, starting May 10, 2023 (and annually thereafter), they will need to make changes to their annual California...more

Allen Matkins

Court Holds That Arbitrator Must Decide Whether Partner Is An Employee

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As discussed in this post from 2016, California Labor Code Section 925 prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that...more

Mintz - Employment Viewpoints

California Voters Will Decide PAGA’s Fate at the Ballot Box in 2024

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Earlier this year we wrote on the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana that struck a major blow to California’s Private Attorneys General Act (“PAGA”). Now on the heels of the Viking River...more

Allen Matkins

Why You May Not Want To Be A "Guiding Spirit"

Allen Matkins on

Last week, I wrote about California Labor Code § 558.1 which provides that an owner, director, officer, or managing agent of an employer (a "person acting on behalf of an employer") may be liable "as the employer" for...more

Allen Matkins

Owners, Directors, Officers And Managing Agents May Face Liability Under This California Statute - Oh My!

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Section 558.1 of the California Labor Code provides that a "person acting on behalf of an employer" may be liable "as the employer" for violating, or causing to be violated, any provision regulating minimum wages or hours and...more

Perkins Coie

Rare Employer Victory in CA Misclassification Case

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A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more

Sheppard Mullin Richter & Hampton LLP

Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds

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On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”)...more

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