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Recent Posts
- Get Ready to Ring in the New Year with More Employment Law Changes
- Michigan Revises Paid Sick Leave Mandate and Minimum Wage Increases
- California Supreme Court Rejects De Minimis Exception and Requires Employers to Compensate Employees for Every Second of “Off-the-Clock” Work
- Restoring Balance: Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements, Providing Employers with Some Relief from Rampant Wage and Hour Class Litigation
- Policy Innovation or Pandora’s Box? The Department of Labor Considers Revising Pay Calculations in 2018 Regulatory Agenda
- Department of Labor Issues New Opinion Letters, Reversing Obama-Era Policy
- Fair, Not Necessarily Narrow: Supreme Court Changes Course Regarding the Interpretation of FLSA Exemptions
- Overtime Calculations in California: California High Court Favors an Expansive Formula and Declines to Follow Federal Precedent
- After Cold Reception from Appellate Courts, DOL Rescinds Internship Enforcement Guidance and Adopts “Primary Beneficiary” Test
- A Tipping Point? DOL Reconsiders Stance on Tip Pooling
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Showing 4 posts in California.
California Supreme Court Rejects De Minimis Exception and Requires Employers to Compensate Employees for Every Second of “Off-the-Clock” Work
Once again, the California Supreme Court has held that California’s wage and hours laws do not always follow well-established rules applicable to claims under the federal Fair Labor Standards Act (the FLSA). More specifically, on July 26, 2018, in Troester v. Starbucks Corp., the California Supreme Court rejected Starbucks’ argument that the FLSA’s de minimis exception to compensable working time applied to wage claims brought under California wage and hour laws. Instead, the court ruled that California employees must be paid for every minute (and possibly every second) of working time. More
Overtime Calculations in California: California High Court Favors an Expansive Formula and Declines to Follow Federal Precedent
On March 5, 2018, the Supreme Court of California declined to follow federal precedent and ruled that employers must follow a more generous state formula for calculating overtime pay where employees receive flat sum bonuses. In Alvarado v. Dart Container Corp., the Court held that the “regular rate of pay” for any flat sum bonus must be calculated by dividing the total amount of the flat sum bonus by the number of non-overtime hours worked by the employee during the pay period applicable to the bonus. The calculated “regular rate of pay” is then multiplied by 1.5 or 2 (depending on the applicable overtime rate under California law) and the total number of overtime hours worked during the applicable pay period to get the total amount of overtime pay attributable to the bonus. More
Another Sunny Year Awaits California Employers!
With holiday parties behind us and companies settling back into their normal routines, it’s the perfect time to highlight some recent changes in California employment law that may require your attention. Some of the laws outlined below, including the California Fair Pay Act, changes to piece-rate compensation requirements, and expanded anti-retaliation protections, may necessitate revisions to existing company policies or creation of new policies. More
So Much Rides on Uber: One Company’s Battle Against Employer Liability Drives the Fate of the On-Demand Business Model
Is Uber just a software platform, or is it an employer of hundreds of thousands of drivers? Federal and state courts in California are considering this issue, and their ultimate findings will have implications for the new start-up economy. More