News & Analysis as of

State Labor Laws Rest and Meal Break Unpaid Wages

Sheppard Mullin Richter & Hampton LLP

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

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

Manatt, Phelps & Phillips, LLP

CA Supreme Court Grants Employers Relief on Wage Statement Penalties Under Labor Code Section 226

On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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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

Manatt, Phelps & Phillips, LLP

California Appellate Panel Defines ‘Willful’ Wage Nonpayment and ‘Good Faith Dispute’

A California appellate panel has weighed in on premium pay in a decision on remand from the state’s highest court, with an employer-friendly result....more

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

California Appellate Court Affirms Attorneys’ Fees for Meal and Rest Break Claims

​​​​​​​On September 12, 2022, the California Court of Appeal held that employees bringing successful rest break and meal period claims are entitled to recover attorneys’ fees under California Labor Code section 218.5. The...more

Proskauer - California Employment Law

Volunteers May Work For Nonprofits Without Compensation

The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more

Fisher Phillips

Now More Than Ever, California Employers Need To Stay Abreast Of Working Time and Control Issues

Fisher Phillips on

The California appellate courts, and the California Supreme Court, continue to weigh in on significant and compelling wage and hour issues that affect employers each day. “Hours Worked” Under The Control Test – Going Back...more

Vedder Price

2020 California Employment Law Roundup

Vedder Price on

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

Hogan Lovells on

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Proskauer - California Employment Law

California Employment Law Notes - November 2019

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more

Sheppard Mullin Richter & Hampton LLP

2020 Vision: California’s New Employment Laws

To close out the 2019 legislative season, Governor Gavin Newsom signed dozens of bills into law, which will have lasting impacts for California employers. In addition to the summaries and clarifications from prior blog posts,...more

Epstein Becker & Green

California Court of Appeal Rejects Employee’s Attempt to Seek Derivative Wage Statement and Waiting Time Penalties Based on...

Epstein Becker & Green on

In bringing meal and rest period claims on behalf of their clients, the plaintiffs’ bar has long argued that merely because there was an alleged meal or rest period violation, there were also “derivative” statutory violations...more

Payne & Fears

California Supreme Court Clarifies the Law on Second Meal Period Waivers for Health Care Workers

Payne & Fears on

On December 10, 2018, the California Supreme Court unanimously held in Gerard v. Orange Coast Memorial Medical Hospital that section 11(D) of Industrial Welfare Commission (“IWC”) Wage Order No. 5, which permits health care...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

Littler on

It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Updates (March Edition)

Littler on

Never mind the Ides of March, for employers with tipped employees: beware the federal budget process. Presumably no one’s March Madness bracket had federal Fair Labor Standards Act (FLSA) amendments going to, let alone...more

Fisher Phillips

Give Me A Break! Do Your Unpaid On-Call Shifts Remain Alive and Well?

Fisher Phillips on

There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more

Payne & Fears

Key California Employment Law Cases: February 2017

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The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

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