California employment practitioners have fought for years over whether a plaintiff averring a Private Attorneys General Act (PAGA) action can intervene in a separate PAGA action not brought by that
Continue Reading Hate to Be Mean, PAGA Plaintiffs Can’t Intervene
The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.
A high-earning employee is not compensated on a “salary basis” when their paycheck is based solely on a daily rate calculated by the number of days worked, the Supreme Court
Continue Reading Are Highly Paid Daily Rate Workers Entitled to Overtime Under FLSA? Supreme Court Resolves Issue
California employers know the holidays bring chilly nights (by California standards), holiday cheer, decked halls, and… ringing in the New Year with a host of new employment laws and compliance
Continue Reading ’Tis the Season for California’s 2023 Legislative Update: Employer Considerations
While perhaps overlooked in favor of other high-profile rulings (we’re looking at you, Viking River Cruises), the California Supreme Court’s decision in Naranjo v. Spectrum Security Services, Inc.
Continue Reading Meal And Rest Break Claims Now Pose High Financial Risks to California Employers
On Sept. 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Board
Continue Reading NLRB Proposes New Joint-Employer Standard
On Sept. 5, 2022, California Governor Gavin Newsom signed into law AB 257, the controversial Fast Food Accountability and Standards Recovery Act, also known as the “FAST Act” (the Act).
Continue Reading FAST Act Becomes Law in California, but Voter Referendum Filed in Response
The California Court of Appeal ruled in Seviour-Iloff v. LaPaille1 that employees could pursue Labor Code-based claims against executives of their employer, personally. The court found that Labor Code
Continue Reading Executives Potentially Liable for Wage Claims
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
Consistent with its previous rulings on the Labor Code, on May 23 the California Supreme Court held, in Naranjo v. Spectrum Security Services, Inc., that an employee who successfully
Continue Reading Meal Period Violations Trigger Slew of Additional Penalties, California High Court Says