News & Analysis as of

Rest and Meal Break Class Action Wage Statements

ArentFox Schiff

In a Rare Win for Employers, the California Supreme Court Holds That Wage Statement Penalties Are Not Available if an Employer...

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In Naranjo v. Spectrum Security Services, Inc., Case No. S279397 (May 6, 2024), the California Supreme Court held that if an employer reasonably and in good faith believed it was providing a complete and accurate wage...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Epstein Becker & Green

California Appellate Court Affirms the Denial of Waiting Time and Wage Statement Penalties Given an Employer’s Good Faith Dispute...

Epstein Becker & Green on

Following the California Supreme Court’s remand of Naranjo v. Spectrum Security Services, Inc., the California Court of Appeal in that same case held that the defendant-employer had not committed “knowing and intentional”...more

Jackson Lewis P.C.

California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour...

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In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Unpaid Meal and Rest Period Premiums Can Lead to Wage Statement and Waiting Time Penalties

On May 23, 2022, the California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that unpaid meal and rest period premiums can form the basis of claims for wage statement violations under California Labor...more

Littler

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest...

Littler on

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more

Weintraub Tobin

Breaking News – Premium Pay Constitutes Wages!

Weintraub Tobin on

We previously advised employers that the California Supreme Court agreed to review the Court of Appeal decision Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019....more

Jackson Lewis P.C.

California Supreme Court Rules Additional Penalties May Be Recoverable for Meal & Rest Period Violations

Jackson Lewis P.C. on

The underlying action, Naranjo v. Spectrum Security Services, was a class action brought by former and current employees, alleging violations of meal period violations. The plaintiffs sought not only premium wages for the...more

Jackson Lewis P.C.

$102 Million Pay Stub, Meal Break Judgment Against Walmart Reversed

Jackson Lewis P.C. on

In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage...more

Benesch

California Update: State and Federal Courts Weigh in on PAGA Meal-Break Standing, Pay Statement Contents

Benesch on

In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more

Fox Rothschild LLP

The Must Have Fox Rothschild Guide To Doing Business In California (And It Is Free!)

Fox Rothschild LLP on

Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ...more

Carlton Fields

A Dart Across the Bow

Carlton Fields on

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

Jackson Lewis P.C.

No California Waiting-Time, Inaccurate Wage Statement Penalties Based On Unpaid Meal Period Premiums, Court Rules

Jackson Lewis P.C. on

Do meal period premiums trigger derivative liability for waiting-time penalties and inaccurate wage statements? The California Court of Appeal has ruled in the negative on the oft-asked question. Naranjo et al. v. Spectrum...more

Payne & Fears

Key California Employment Law Cases: January 2019

Payne & Fears on

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Fisher Phillips

A Step-By-Step Guide To Defeating Class Certification In California

Fisher Phillips on

As any experienced class action litigator knows, the main issue driving the direction of a case is not always the merits of the claims themselves. Instead, the central question is often whether the claims can be certified as...more

Fenwick & West LLP

Fenwick Employment Brief

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California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Seyfarth Shaw LLP

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

Seyfarth Shaw LLP on

Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

Proskauer - California Employment Law

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Refuses to Enforce Forum Selection Clause Because Employer Would Not Stipulate to Apply California Law...

In Verdugo v. Alliantgroup, L.P., the California Court of Appeal held that a forum selection clause in an employment agreement was unenforceable because the employer could not prove that the employee’s rights under the...more

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