California’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. More information is found here.
CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties
On May 23, 2022, the California Supreme Court issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and failure to provide accurate itemized wage statements based on untimely paid or unreported meal and rest period premiums. Prior
California Requires COVID-19 Supplemental Paid Sick Leave Through September 30, 2021
On March 19, 2021, Governor Newsom approved SB 95, which requires COVID-19 supplemental sick leave through September 30, 2021 and creates new COVID-19 vaccine–related paid sick leave obligations for covered employers. The new law, which adds Sections 248.2 and 248.3 to California’s Labor Code, is effective immediately, but the employer obligation to provide COVID-19
While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible for Break Time
California law generally requires that employers provide nonexempt employees an uninterrupted, nonworking 30-minute meal period to begin before the end of the fifth hour of work. In a case of first impression, Donahue v. AMN Services, LLC, ___ P.3d ___, 2021 WL 728871 (Cal. 2021) analyzed whether an otherwise-permissible time-rounding system could be used
The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces
In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the Ninth Circuit affirmed the application of California wage-and-hour laws to employees who worked both within and outside of the state.
Prior case law established that California’s wage-and-hour laws apply to non-California residents
California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders, announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, applies retroactively. Read the full update
New San Francisco COVID-19–Related Employment Protections Ordinance
The City and County of San Francisco recently enacted an emergency Ordinance, the text of which is available here, effective September 11, 2020, which prevents all employers from taking adverse employment actions (e.g., firing, threatening to fire, disciplining, or in any manner discriminating) against employees and independent contractors (collectively “Workers,” as defined in the
The Department of Labor (DOL) May Issue Revised Rules Regarding the Families First Coronavirus Response Act
On August 3, 2020, a court in the Southern District of New York vacated portions of the Department of Labor’s Regulations Regarding the Families First Coronavirus Response Act (FFCRA) (discussed here). In the wake of that decision, employers have scrambled to understand how to proceed and wondered whether the DOL would update or revise
DOL Issues Guidance for Tracking Non-Exempt Remote Workers’ Time
In response to the COVID-19 pandemic, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin No. 2020-5 (Bulletin) in late August 2020 that addressed the subject of an employer’s obligation under the Fair Labor Standards Act (FLSA) to exercise reasonable diligence in tracking the hours of work for non-exempt employees working remotely. The