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Fair Labor Standards Act (FLSA) California

CDF Labor Law LLP

Get Ready for July 1, 2024 Federal Increased Salary Thresholds

CDF Labor Law LLP on

The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

McAfee & Taft

For the wages of sin is ... $145,000?

McAfee & Taft on

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is...more

Weintraub Tobin

Podcast: California Employment News - The Basics of Pay Exemptions

Weintraub Tobin on

Certain employees can be exempt from overtime pay and meal and rest breaks under both the FLSA and California Labor Law. Meagan Bainbridge and Lukas Clary break down the basics of pay exemptions in part 1 of this 4-part...more

Weintraub Tobin

California Employment News: The Basics of Pay Exemptions

Weintraub Tobin on

Certain employees can be exempt from overtime pay and meal and rest breaks under both the FLSA and California Labor Law. Meagan Bainbridge and Lukas Clary break down the basics of pay exemptions in part 1 of this 4-part...more

Weintraub Tobin

Podcast: California Employment News - Department of Labor Guidance on Telework

Weintraub Tobin on

The U.S. Department of Labor issued guidance earlier this year that reminds employers of the current rights of teleworking employers under both the FLSA and FMLA. Katie Collins reviews this guidance in this episode of...more

Weintraub Tobin

California Employment News: Department of Labor Guidance on Telework

Weintraub Tobin on

The U.S. Department of Labor issued guidance earlier this year that reminds employers of the current rights of teleworking employers under both the FLSA and FMLA. Katie Collins reviews this guidance in this episode of...more

Proskauer - California Employment Law

March 2023 California Employment Law Notes

No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) - Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more

Seyfarth Shaw LLP

Policy Matters Newsletter - March 2023

Seyfarth Shaw LLP on

Biden Officially Nominates Su To Replace Marty Walsh. This week, President Biden officially announced the nomination of Julie Su to replace Marty Walsh atop the Department of Labor. We have had numerous occasions to discuss...more

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

ArentFox Schiff on

Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

Tonkon Torp LLP

California and Oregon Courts Nix Time-Clock Rounding

Tonkon Torp LLP on

For years, many employers have used the practice of time-clock rounding. This is a practice of rounding time entries by employees to the nearest five-minute, six-minute, or 15-minute interval. This practice is lawful under...more

Proskauer - California Employment Law

California Court of Appeal Dismantles Rounding Where Accurate Timekeeping Records Exist

A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal....more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

Fenwick & West LLP on

U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Constangy, Brooks, Smith & Prophete, LLP

Is this lawsuit crazy smart, or just crazy?

Are customers who use self-checkout entitled to be paid for it? NOTE FROM ROBIN: At least one California lawyer thinks so. He recently filed a lawsuit contending that his client, a supermarket customer, and other...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Jackson Lewis P.C.

Four Things California Employers Who Pay Piece Rate Need To Know

Jackson Lewis P.C. on

A piece-rate plan is a wage payment system where an employee is paid a fixed amount for each unit produced or action completed. Piece rate is used in many different industries, including automobile repair, trucking,...more

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

Holland & Knight LLP on

This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more

ArentFox Schiff

California Law Governs Offshore Employment Relationships

ArentFox Schiff on

California Court of Appeal held that California’s wage and hour laws apply to seamen working on a ship outside of California’s jurisdictional limits. On December 7, 2020, the California Court of Appeal (Second Appellate...more

Constangy, Brooks, Smith & Prophete, LLP

Think Your Commission-Only Plan Is Good?

Two of the more complicated areas of California wage-and-hour law involve commission plans and overtime exemptions. Commission plans are complex animals – long gone are the days where Joey gets 5 cents for each widget he...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Snell & Wilmer

There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

Snell & Wilmer on

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of...more

ArentFox Schiff

California Does It Again: Paid Sick Leave Expanded For COVID-19

ArentFox Schiff on

Adding to various paid sick leave requirements that employers must navigate in the COVID-19 environment, California has once again expanded its state law paid sick leave mandates. Governor Gavin Newsom signed Assembly...more

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