California - Wage & Hour

By: West Hollywood Employers Beware of July 1, 2022: Mandatory Paid and Unpaid Leave If you have a single employee who works for two hours or more in a week in the city of West Hollywood, California, get ready for significant changes that take effect on July 1, 2022, that will

Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v. Spectrum Security Services, Inc., that premiums for missed meal periods now c

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report and timely pay out such wages.

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 rest break violations can also trigger derivative claims for waiting time

California law requires employers to provide meal and rest periods to most non-exempt employees. If an employer does not provide eligible employees with the opportunity to take those meal and rest periods, then Labor Code section 226.7 requires the employer to pay an additional hour of pay as a “pre

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report and timely pay out such wages.

By: California Proposes Bill To Expand Employer Pay Transparency and Pay Data Reporting On February 17, 2022, Senate Bill 1162 was introduced to further burden employers as to “pay transparency” and “pay data reporting”. SB 1162 proposes two major changes: Requiring employers to submit pay data repo

In this episode, Jen and Erika remind employers about California’s Pay Data Reporting requirements, and offer tips on how employers can meet the April 1, 2022, reporting deadline.

The California Department of Fair Employment and Housing (DFEH) posted updates to its California Pay Data Reporting Portal User Guide and California Pay Data Reporting: Frequently Asked Questions (FAQ) guidance for the 2021 reporting year on its pay data reporting landing page on January 31, 2022. T

Wage and hour laws applicable to California employers are complex and ever changing. We briefly summarize below some of the various rules applicable to private sector, non-union employers and explain why wage-hour audits are critical.

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules and its conflict with contrary federal regulations.

In this episode, Jen and Erika Frank remind employers about their obligation to provide hourly employees with compliant rest and meal breaks. Jen also discusses Ferra v. Loews Hollywood Hotel, a 2021 California Supreme Court decision in which the Court determined that the premium pay owed to an empl

The California Department of Fair Employment and Housing (DFEH) recently posted an announcement on its pay data reporting landing page stating the deadline for filing 2021 pay data reports is April 1, 2022. This is different from last year’s deadline of March 31, 2021, and earlier statements by the

By: Proposed Ballot Initiative Could Raise the California Minimum Wage to $18 an Hour by 2025 By: Proposed Ballot Initiative Could Raise the California Minimum Wage to $18 an Hour by 2025 California has been advancing its way up to a $15.00 minimum wage for a number of years. In a few

On November 15, 2021, West Hollywood, California enacted an ordinance that establishes a local minimum wage, requires employers to provide paid and unpaid leave benefits, and governs how businesses advertise and distribute service charges.

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully earned prior to his termination. Peak v. TigerGraph , Case no. 21-cv-02603

On July 15, 2021, in Ferra v. Loews Hollywood Hotel, LLC , the Supreme Court of California set forth a new rule requiring that premiums for meal, rest, and recovery break violations be paid at the regular rate of pay.

In Levanoff v. Dragas, the California Court of Appeal surprised many of us and upheld an employer’s calculation of overtime due to non-exempt employees using the “rate in effect” method. Why does that matter?

California Assembly Bill (AB) 1003 would create a new type of grand theft in the state: a company’s “intentional theft of wages” of more than $950 from any individual employee, or $2,350 total from 2 or more employees, in a 12-month period. The bill requires that the theft be intentional,

On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not provided a meal or rest period at a rate equivalent to the employee’s regul