PAGA Claims can't be split between arbitration and court, even when underlying wages are sought as a penalty.
Dynamex expanded by Ninth Circuit and DLSE.
Ambiguous Arbitration Agreements?: SCOTUS Holds that Ambiguity is Insufficient to Compel Class Arbitration
The United States Supreme Court issued a highly-anticipated ruling in an employment matter earlier this week.
Religious employees are not necessarily ministers exempt from wage and hour laws.
Castle Law: California Employment Counsel wins at trial for client in class action misclassification case.
New Court of Appeal decision holds that employers are required to pay reporting time pay even if all an employee is required to do is call in to check if they actually need to work a shift.
Ever since Harvey Weinstein was exposed as a sexual predator, and the #metoo movement was born, efforts are being made locally and nationally to prevent workplace sexual harassment and abuse. Legislators in California have embraced the #metoo movement, with several new laws going into effect in ...
Employers need not necessarily compensate time spent commuting in company-owned vehicles, even when the company imposes restrictions on how such vehicles are to be used.
Real estate agents are likely not properly classified as independent contractors after Dynamex.
Can secular courts decide employment disputes that occur at religious institutions?
California attempts to clarify it's ban on asking applicants about prior salary.
Failure to pay final pay timely must be willful for liability.
Just a Minute? - California Supreme Court Rules that Federal De Minimis Defense Does Not Apply to Labor Code Claims
California Supreme Court issues opinion in off-the-clock work case, holding that de minimis defense does not apply under state law.
Employer suffers major consequences for minor difference in employee handbook translation.
Court of Appeal holds employer liable for "negligent" inquiry into whether all wages owed were correctly paid.
California Court of Appeal holds that PAGA plaintiff can pursue penalties even for violations that he or she never experienced.
U.S. Supreme Court holds that mandatory arbitration agreements with class action waivers do not violate the National Labor Relations Act.
A New Strand in the Web of Worker Misclassification Law: A New and More Difficult Test for Classifying Workers as Independent Contractors
In its recent decision Dynamex Operations W., Inc. v. Superior Court (2018) (Dynamex), the California Supreme Court articulated a new test to determine whether a worker is an independent contractor or employee.
San Francisco just amended its “ban-the-box” law to protect an additional category of convictions.
California law imposes restrictions on employee drug testing.
Last week the California Supreme Court provided clarity to employers regarding how non-exempt employees who are paid bonuses should be paid.
Many Employers in California have relied, and continue to rely, on arbitration agreements with employees in order to avoid the great expense of wage and hour class actions. In 2011, the United States Supreme Court ruled in ATamp;T Mobility v. Concepcion that Californias anti-arbitration rule (...
Telecommuting policies are not without hidden dangers. Consider the risk and implement carefully to avoid potential liability.
As of the first of this month, recreational marijuana use is now legal under state law. Does that mean employers need to re-vamp their drug use and drug testing policies to allow for marijuana use? Nope. Employers may continue to prohibit marijuana use and may test employees for marijuana unde...
Last week a panel of the Ninth Circuit Court of Appeals certified three questions to the California Supreme Court. The answer to the questions could have a big impact on employer's payroll practices.