Non-exempt employees must be paid for all of their work time.
Articles Discussing California Wage & Hour Laws.
Patchwork of Pay Transparency Laws Continues to Evolve
State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender, and the Colorado law requires robust pay and promotional transparency.
California
Under California’s pay data
Patchwork of Pay Transparency Laws Continues to Evolve
State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender, and the Colorado law requires robust pay and promotional transparency.
New California Supreme Court Decision Disallows the Use of Rounding Time Punches for Employee Meal Periods
On Thursday, February 25, 2021, the California Supreme Court in Kennedy Donohue v. AMN Services, LLC, effectively ended the usage of time-punch rounding policies in the context of employee meal periods. This decision will have a major impact for any employers utilizing time-punch rounding applications that track and round employee time punches for employee meal periods.
California Supreme Court Ends Rounding of Meal and Rest Periods
On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique. Donohue v. AMN Services, LLC, S253677. The California Supreme Court held that rounding time at the meal period is not proper. This dramatic ruling concluded that an employer’s rounding up a shortened meal period through a clock mechanism effectually deprived employees of premium pay which could not be reconciled against additional minutes even when rounding resulted in additional compensation for time off.
Irvine Enacts ‘Hero Pay’ Ordinance for Large-Chain Grocery Store and Retail Drug Store Workers
On February 23, 2021, the City Council of Irvine, California, passed a hero pay ordinance entitling retail grocery store and drug store workers premium pay for hours worked during the COVID-19 pandemic.
“Hero Pay” Ordinances Are Making a Wave Through Southern California
By: “Hero Pay” Ordinances Are Making a Wave Through Southern California
Cities throughout Southern California, including Long Beach, Santa Monica, and Los Angeles, have been contemplating ordinances requiring “Hero Pay” for certain essential workers for some time. Last week, the City of Long Beach became the first California city to pass
California DFEH on Track to Collect Pay Data Reports by March 31, 2021
On February 1, 2021, the California Department of Fair Employment and Housing (DFEH) posted a User Guide, Excel template, and .CSV example to facilitate the submission of the newly required pay data report (Pay Data Report) by March 31, 2021 and annually thereafter. The DFEH also added and updated
DFEH Issues New Guidance On California’s Pay Data Reporting Act
By: DFEH Issues New Guidance On California’s Pay Data Reporting Act
A few weeks ago CDF Labor Law blogged about California’s Pay Data Reporting Act, which requires private employers with 100 or more employees that also file an annual EEO-1 report with the EEOC to submit a “pay data report” to
California Publishes User Guide and Templates for Pay Data Reporting
California SB 973 requires employers that (1) file EEO-1 reports and (2) employ more than 100 employees to submit data to the California Department of Fair Employment and Housing (DFEH) annually that shows pay by race and gender for their California employees. It was signed into law on September 30,
The City of Oakland Extends its Emergency Paid Sick Leave Ordinance
Joining other counties and cities in California, the City of Oakland voted to extend its Emergency Paid Sick Leave ordinance into 2021. The amended ordinance applies retroactively to December 31, 2020, and will remain in effect until the City’s Declaration of COVID-19 Emergency expires.
The amended ordinance applies to all
“Hero Pay” Ordinance Passed in City of Long Beach and Likely Coming to a City Near You
COVID-19 cases continue to surge around Southern California, causing the region to remain under the restrictions imposed by the statewide Regional Stay at Home Order longer than previously predicted. In response, local governments are looking for ways to reward the grocery workers who have been deemed essential since the start
Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules
By: Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules
The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of property-carrying commercial motor vehicles (CMVs), who are subject to the
Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers
In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the U.S. Court of Appeals for the Ninth Circuit upheld a Federal Motor Carrier Safety Administration (FMCSA) ruling
Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex “ABC Test” Applies Retroactively
It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter initiative that allows app-based hiring entities to classify certain workers as independent contractors if they meet specific conditions. Proposition 22 was a response to AB 5, which codified a 2018 decision that is the subject of this article.
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