News & Analysis as of

Wage and Hour Employer Liability Issues DLSE

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

Seyfarth Shaw LLP

We Slept In! Time To Prepare for New 2024 Requirements!

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Seyfarth Synopsis: Prepare for new California workplace legal requirements effective January 1, 2024, now. Seyfarth has you covered with all the ways to protect your workplace just like Kevin McCallister defends his house....more

Seyfarth Shaw LLP

Every Who In California Must Update Their Wage Theft Notice For January

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Seyfarth Synopsis: Among new workplace legal requirements effective January 1, 2024, making employers green in the face with end of the year preparations are necessary revisions to Wage Theft Notices. They must be ready for...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on California Wage and Hour

FOCUS ON CALIFORNIA WAGE AND HOUR - Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge - A recent Ninth Circuit decision imposes new obligations on California employers that furlough or...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

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

California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined...more

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Bowditch & Dewey

Reading the Riot Act: $100 Million Settlement in Gender Discrimination Class Action

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A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot...more

Sheppard Mullin Richter & Hampton LLP

Expanded Limitations Period and Individual Liability for Employers Facing Labor Commissioner Hearings

An employee in California has two primary options to pursue a claim for the enforcement of minimum wage and overtime pay rights. The employee may seek judicial relief by filing an ordinary civil action. Alternatively, the...more

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

New California Bill Aims to Supersize Fast-Food Workers’ Rights

On January 31, 2022, the California State Assembly passed Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would potentially provide increased rights to the...more

Fox Rothschild LLP

Will Employers Finally Get Some PAGA Relief in 2022?

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The sharks are starting to circle around PAGA (Private Attorney General Ac), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally be subject to challenge on two separate...more

Akin Gump Strauss Hauer & Feld LLP

PAGA Repeal May Be On the Ballot in 2022

Earlier this month, a coalition including the California Chamber of Commerce, California New Car Dealers Association and Western Growers filed a proposed initiative measure entitled The Fair Pay and Employer Accountability...more

Payne & Fears

Key California Employment Law Cases: June 2021

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Levanoff v. Dragas, Nos. G058480, G058709, 2021 WL 2621360 (Cal. Ct. App. June 25, 2021) - Summary: Employer did not violate California law by selecting a method of calculating the regular rate of pay that most benefitted...more

Epstein Becker & Green

California Court of Appeal Approves Use of Rate-In-Effect Overtime Calculation Method Where It Benefited Employees

Epstein Becker & Green on

California law generally requires that non-exempt employees be paid 1.5 times their “regular rate of pay” for work performed beyond 40 hours in a week or 8 hours in a day – and twice their “regular rate of pay” for time...more

Hinshaw & Culbertson - Employment Law...

Hinshaw's 12 Days of California Labor & Employment Series – Day 5: New Successor Liability for Wage and Hour Judgements

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for...

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the...more

Fox Rothschild LLP

Employers Beware! The New Pay Data Reports You File Will Be Used To Target Enforcement Actions

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California employers with 100 or more employees are now required to file with the state detailed annual reports setting out demographic, pay and position information on their employees. As for the purpose of requiring the...more

Fox Rothschild LLP

Employers Heads Up! These Are The Bills Of Importance On Governor Newsom’s Desk

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Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern: SB 1383...more

Seyfarth Shaw LLP

Coronavirus Questions? California Administrative Agencies Have Answers!

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Seyfarth Synopsis: The Department of Labor Standards and Enforcement, the Employment Development Department, and CalOSHA now have FAQs addressing how the COVID-19. coronavirus affects California businesses....more

Farella Braun + Martel LLP

New Laws for California Employers in 2020

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Jackson Lewis P.C.

Meal And Rest Break Premiums Payable At Base Rate, Not Regular Rate Of Pay

Jackson Lewis P.C. on

A California state appellate court has ruled that the correct rate for paying meal and rest period premiums is one hour of pay at an employee’s base hourly rate, not the regular rate of pay used for calculating overtime...more

Fisher Phillips

California Supreme Court Will Have The Final Word On Exceptions To Activity-Based Pay Systems

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Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more

Seyfarth Shaw LLP

No Money Back Guarantee!

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Seyfarth Synopsis: California Labor Code § 221 states it is “unlawful for any employer to collect or receive from an employee any part of wages … paid … to said employee.” In other words, employers cannot just take money back...more

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