News & Analysis as of

Employment Litigation Good Faith Wage and Hour

Weintraub Tobin

PAGA Reform: Key Takeaways for California Employers

Weintraub Tobin on

On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for...more

Jackson Lewis P.C.

California Overhauls Private Attorneys General Act

Jackson Lewis P.C. on

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Finds Good Faith Defense For Employers

When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties? Taking its second look at the case, the California Supreme Court ruled that an...more

Fox Rothschild LLP

California Supreme Court Holds Good Faith Defense Precludes Penalties for Wage Statement Noncompliance

Fox Rothschild LLP on

In a significant victory for employers, the California Supreme Court recently held that if an employer reasonably and in good faith believed it was providing complete and accurate wage statements in compliance with wage...more

Littler

California Supreme Court Affirms Good-Faith Efforts May Shield Employers in Wage Statement Lawsuits

Littler on

In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer...more

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

California Supreme Court Rules Employer Can Avoid Penalties for Good-Faith Wage Reporting Violation

On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more

CDF Labor Law LLP

California Supreme Court Provides Relief and Hope for Good Faith Employers

CDF Labor Law LLP on

This week, the California Supreme Court filed a decision in Naranjo v. Spectrum Security Services, Inc., S279397, holding that “an employer’s objectively reasonable, good faith belief that it has provided employees with...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

Seyfarth Shaw LLP on

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

Fisher Phillips

Good Faith Goes a Long Way to Defeat Wage Statement Claims: 4 Tips for Employers After California Supreme Court Win

Fisher Phillips on

Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more

Perkins Coie

Rare Employer Victory in CA Misclassification Case

Perkins Coie on

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

Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties

In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more

FordHarrison

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely...

FordHarrison on

On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc....more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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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

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

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