News & Analysis as of

DLSE State Labor Laws Employment Litigation

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

CDF Labor Law LLP

A PAGA Victory to Bring in the New Year: Trial Court Holds LWDA Responsible for Prevailing Employer’s Costs

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Last week a trial court in Alameda County entered an order permitting Hobby Lobby Stores, Inc. to recover nearly $125,000 in costs from the California Labor and Workforce Development Agency (LWDA). Hobby Lobby incurred these...more

Perkins Coie

California Supreme Court Broadens Whistleblower Protections

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The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Expands Whistleblower Protection

The California Supreme Court has expanded whistleblower protections under state law, taking a broad reading of the term “disclosure.”...more

Seyfarth Shaw LLP

Whistleblower “Disclosure” Includes Information Already Known to Employer

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Seyfarth Synopsis: California Labor Code section 1102.5 protects employees who disclose what they believe to be violations of the law. The Supreme Court of California has ruled that such disclosures are protected even if the...more

CDF Labor Law LLP

Appellate Court Holds That Percentage Bonuses Can Be Calculated Using FLSA Method

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In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Downey Brand LLP

California Supreme Court Clarifies Overtime Calculation Involving Flat Sum Bonuses

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In a less-than-favorable decision for employers – Alvarado v. Dart Container Corporation – the California Supreme Court addressed how to calculate the overtime pay rate when the employee earns a non-production, flat sum bonus...more

Ervin Cohen & Jessup LLP

Employment Law Reporter May 2018: No Good Deed Goes Unpunished – California Supreme Court Decision May Change the Way Employers...

California is a difficult landscape for employers, and last month, the California Supreme Court made that landscape all the more difficult. In a case called Alvarado v. Dart Container Corp., the California Supreme Court...more

Best Best & Krieger LLP

California Departs From the Federal Overtime Calculation Standard - State Supreme Court Retroactively Adopts California Division...

California businesses must follow a different standard than that allowed under the federal rules when calculating overtime to address flat sum bonuses. ...more

Carlton Fields

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

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Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more

Seyfarth Shaw LLP

Federal Formula For “Flat Sum” Bonus Overtime Calculation Rejected

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Seyfarth Synopsis: California employers must use the formula prescribed by the Division of Labor Standards Enforcement Manual to calculate overtime on flat sum bonuses, not the bonus overtime formula used under federal law....more

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