Employers to Cruise to Victory in PAGA Cases in 2022?
US Supreme Court takes appeal of case involving waiver of PAGA claims in arbitration agreements.
Court of Appeal Limits Duplicative PAGA Litigation
A PAGA lawsuit against the same employer is barred by claim preclusion if it covers the same time period and alleges the same violations as a prior PAGA lawsuit
California Appellate Court Sheds Light on When Commute Time May be Compensable “Hours Worked”
The law regarding whether time spent commuting to and from work constitutes compensable “hours worked” is very factually driven.
California Supreme Court Finds that Time Spent Undergoing Exit Searches is Compensable
California issues new decision on compensable nature of security searches.
What’s in a Name? Court of Appeal Green Lights Claim Against an Employer for Failure to Include Employer’s Legal Name on Wage Statements
California Pay Stubs Must Include Accurate Employer Name.
Tips on Tipping: Service Charges are Tips Under the Labor Code
Court of Appeal issues new ruling on tipping law.
Court of Appeal Finally Clarifies Rate at Which Meal and Rest Break Penalties are to be Paid
The Court of Appeal clarified for employers the proper method for calculating meal and rest break premium pay. In Ferra v. Lowes Hollywood Hotel, LLC, the court held that “regular rate of compensation,” as used in Labor Code Section 226.7 governing premium pay for missed meal and rest breaks, means an employee’s base hourly wage, not the "regular rate of pay," that is required to be used when paying overtime wages.
PAGA Claims Can’t Be Split Even When Wages Are Sought
PAGA Claims can't be split between arbitration and court, even when underlying wages are sought as a penalty.
Money for Nothing?: Employers Must Pay Reporting Time Pay if Employees are Required to "Call In"
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.
Is Offering a Free Ride "Control"?
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.
Updates to California's Salary History Ban
California attempts to clarify it's ban on asking applicants about prior salary.
Failure to Pay Final Wages on Time Not Always "Willful"
Failure to pay final pay timely must be willful for liability.
Translation Matters: Employer Suffers for Small Difference in Employee Handbook Translation
Employer suffers major consequences for minor difference in employee handbook translation.
Raked Over the Coals: Employers Must Ensure Final Wages are Paid Correctly
Court of Appeal holds employer liable for "negligent" inquiry into whether all wages owed were correctly paid.
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 bonuses should be paid.
Telecommuting Policy Traps and Tips
Telecommuting policies are not without hidden dangers. Consider the risk and implement carefully to avoid potential liability.
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. The answer to the questions could have a big impact on employer's payroll practices.
