Blogs
Failure to Pay Final Wages on Time Not Always “Willful”
Under the California Labor Code, when an employee quits, an employer must pay him or her all of the employee's wages...
Just a Minute? – California Supreme Court Rules that Federal De Minimis Defense Does Not Apply to Labor Code Claims
Do employers need to pay employees for every single minute of time worked? What if employees arrive at work and...
Translation Matters: Employer Suffers for Small Difference in Employee Handbook Translation
California is diverse. That diversity brings with it different food, cultures, and languages. When employers and...
Raked Over the Coals: Employers Must Ensure Final Wages are Paid Correctly
Under the California Labor Code, “willfully” failing to pay an employee after he or she is terminated or quits allows...
“PAGA the Extended Version” – Court of Appeal Ruling Expands Potential PAGA Penalties
Today, the California Court of Appeal in Huff v. Securitas Security Services USA, Inc., expanded the scope of...
Supreme Court Shuts Down Another Argument Against Class Waivers
Today in Epic Systems Corp. v. Lewis, the United States Supreme Court issued an opinion that will be welcome news to...
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...
Banning the Box Again: San Francisco Further Expands Its “Fair Chance Ordinance”
As widely reported earlier this year, California passed a state-wide prohibition on asking applicants about their...
When May California Employers Drug Test their Employees?
Can an employer ask employees to submit to drug tests? The answer to this question, and many others like it, is...
California Supreme Court Clarifies Regular Rate of Pay Calculation
Last week the California Supreme Court provided clarity to employers regarding how non-exempt employees who are paid...
Class Action Waivers in Arbitration Agreements: Silver Bullet No Longer?
Many Employers in California have relied, and continue to rely, on arbitration agreements with employees in order...
Telecommuting Policy Traps and Tips
Flexible workplace policies, such as allowing employees to work from home are becoming increasingly popular....
Can California Employers Still Prohibit Marijuana Use?
As of the first of this month, recreational marijuana use is now legal under state law. Does that mean employers...
Are Meal and Rest Break Premiums “Wages”?
Last week, a panel of the Ninth Circuit Court of Appeals certified three questions to the California Supreme Court....
Preventing Sexual Harassment: Mandatory Supervisor Training is Not Enough
For now, at least, it appears as if the steady stream of sexual harassment cases and allegations will never cease....
New PAGA Decision: Court of Appeal Defines When “Dispute” Arises Under PAGA
Background: Iskanian and Arbitration of PAGA Claims California's Private Attorney General Act (PAGA) permits...
‘Tis the Season: Should Employers Serve Alcohol at Holiday Parties?
Around this time of year your company's holiday party planning is in full swing. One question employers confront...
Not So Fast: Extended Leave May Be a Reasonable Accommodation
Sometimes employers assume that if they provide all the medical leave required under the FMLA or CFRA, they may...
Not All Arbitration Agreements Are Created Equal, Court of Appeal Reminds Employers
Last week, the California Court of Appeal held that an employer's mandatory arbitration policy was unenforceable...
California Parental Leave Requirements Expanded to Small Businesses
Governor Brown signed another new law last week that will go into effect on January 1, 2018, and will affect thousands...