Court Finds Discretion “May” Not be Judicial
Business owners often incorporate their businesses to help protect personal assets. Under California law, a corporation stands as a separate legal entity and can shield its owners from personal ...
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Wage and Hour
California Supreme Court Delivers One-Two Punch to Employers Related to Break Premium Pay
The California Supreme Court delivered a one-two punch to employers this week with respect to the penalties for missed breaks. It held that the penalty for a missed break (one hour’s pay) constitutes “wages” that must be reported on statutorily ...
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Supreme Court Ruling on Meal & Rest Break Premiums Requires Immediate Action for CA Employers
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court last Thursday issued a disappointing decision for employers, finding that meal and rest break premium pay must be based on the employee’s “regular rate of pay” as opposed to their ...
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California Supreme Court Rejects Time Rounding for Meal Periods
Rounding of employee time punches has been a legally accepted timekeeping practice under California and federal law, provided that overtime rounding did not result in a failure to pay employees for all of the time they have actually ...
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These Boots are Made for Working
Court Rules California Employers Must Pay for Employee Work Boots
According to a recent unpublished appellate court decision, California employers must pay for employee safety equipment, including steel-toed shoes. In UPS Ground Freight Inc. v. ...
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California’s Duffy Decision: In-Home Caregivers Are Owed Overtime
Employers of in-home caregivers beware. A recent California court of appeal ruled that an in-home caregiver was entitled to overtime pay under the Domestic Worker Bill of Rights after finding she was an employee rather than an independent ...
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Alert: Court Decision Changes On-Call Pay Rules
The Court of Appeal in California just published an opinion that threatens to change how employers structure on-call duties. Contradicting long-settled precedent that on-call time need not be paid unless an employee’s activities are unduly ...
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As Private Attorneys General Act Filings Increase, Businesses Intensify and Expand Defense Efforts
The California Private Attorneys General Act, better known as “PAGA,” authorizes individual employees to sue for Labor Code violations on behalf of all their co-workers. They can do this regardless of the number of co-workers, whether they ...
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