Employment Law Information Network
All Things Labor and Employment Law
By: Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately
By: Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately
A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not
Under the Labor Code, each year the State of California must determine and certify whether an adjustment for inflation is applied to the state’s minimum wage. In 2022, when the rate of inflation exceeded 7 percent, the state minimum wage was increased to $15.50. This year, California has decided that
While students are enjoying the dog days of summer, California employers may want to review leaves available to parents and caregivers before the school year begins.
Just as there are considerations when employing minors, there are also leave entitlements employers should be aware of when employing parents and caregivers.
Under the
On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill.
While appropriations bills such as AB 102 are generally not of much interest to private employers, AB 102 is noteworthy because
California’s scheme of wage and hour law is vast, complex, and ever changing. It can be difficult for employers to keep up with the mandates to avoid liability.
By: CDF Wage and Hour Task Force Monthly Tips – “Tips on Tips”
By: CDF Wage and Hour Task Force Monthly Tips – “Tips on Tips”
This is the fifth post in our monthly series of CDF’s Labor & Employment Law Blog, providing California employers with wage and hour compliance tips and
This is the fourth post in our monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices.
In California, non-exempt employees who are not part of a proper alternative workweek schedule are entitled to overtime wages at one and one-half times the employee’s regular rate of pay for any time worked over (a) eight (8) hours in a single workday, (b) forty (40) hours in a single workweek, or (c) six (6) days in a single workweek. Further, overtime is paid out at double an employee’s regular rate of pay for any time worked (a) in excess of twelve (12) hours in a single workday or (b) in excess of eight (8) hours on the seventh day of a workweek.
For many employees, the calculation is simple enough using the employee’s base hourly rate multiplied by either 1.5 or 2.0 to determine the Overtime or Double Overtime rate for the corresponding hours in accordance with the above requirements. However, the regular rate of pay calculation may become increasingly more complicated when other forms of remuneration, such as incentives, are paid out, or when an employee is paid at multiple rates.
Below is a list of some of the primary forms of other “remuneration” that employees may receive as well as a discussion of when such payments may or may not impact the regular rate of pay calculation:
On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined to review the case Parsons v. Estenson Logistics, LLC, in which an employee
On April 7, 2023, the Los Angeles City Council proposed an ordinance to increase the minimum wage for both hotel workers and Los Angeles International Airport (LAX) workers.
By: California Exempts Certain Airline Cabin Crew from California Meal and Rest Period Mandates
On March 23, 2023, Governor Newsom signed Senate Bill (SB) 41 providing relief for employers with airline cabin crew employees covered by a valid collective bargaining agreement (CBA) under the Federal Railway Labor Act and CBAs that
The recent seizure and shutdown of two prominent regional banks – Silicon Valley Bank and Signature Bank – highlights for employers the issues that an unexpected liquidity crisis may bring. And, it’s not just banking institutions that face wage and hour violations after unanticipated liquidity issues. In 2021, a major Human Resources technology provider, the Ultimate Kronos Group experienced a ransomware attack that prevented their clients, employers, from accessing time and pay records for their employees. As a result, attendance, scheduling, and payroll were all thrown for a loop, and litigation ensued.
Whether failing financial systems, unexpected cyberattacks, or an economic downturn for businesses, employers are still required to honor their wage and hour obligations. Because crisis typically strikes with little to no warning, employers should plan to ensure they can make payroll and consider how to handle furloughs and layoffs in advance of crisis.
In this episode, Jen and fellow Shaw Law Group wage-hour guru Megan Donaghey discuss recent court guidance addressing California’s meal period rules.
Existing law requires an employer to provide an employee with a meal period during a work period of more than five hours per day, except as prescribed. However, on March 23, 2023, Governor Newsom signed Senate Bill (SB) 41, which provides that California’s meal and rest period requirements do not
Part of a recently passed pay predictability ordinance in Los Angeles is already causing some confusion for employers over a provision requiring retail employers to pay workers a premium for working a second shift within ten hours of the first shift. Such tightly scheduled shifts often occur when a worker
In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims for waiting time penalties or violations of wage statement requirements.
The underlying action
