Wage and Hour

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California’s Governor passed Assembly Bill 286 (AB 286) which amends the Fair Food Delivery Act of 2020. AB 286 makes it unlawful for a food delivery platform to charge a customer any purchase price for food or beverage that exceeds the price posted by the food facility on the food delivery platform’s internet website at…

Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5 sets forth the test for whether a worker is an independent contractor or employee.

The exemptions will now sunset…

The Governor has signed Assembly Bill 1506 (AB 1506) which extends the existing exemption for three more years for newspaper distributors and carriers from the “ABC Test” under Dynamex and Assembly Bill 5. The bill takes into account the reality that newspaper carriers often work for more than one newspaper, and requiring carriers to be…

On September 27, 2021, the Governor signed Senate Bill 62 (SB 62), which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors.  A brand guarantor is a person who contracts for the performance of garment manufacturing.

SB 62 specifies that a garment manufacturer, contractor, or brand…

Employers of all sizes, potentially including individual owners, managers and executives, should be aware of heavier penalties or jail time for engaging in wage theft. According to the California Labor Commissioner’s Office, wage theft occurs anytime an employer does not pay workers what they are owed by law.

California’s Governor signed Assembly Bill 1003 (AB…

Employers may understand the workplace safety concerns surrounding wildfires, but there are other employment issues that employers should consider in the event of a wildfire near the worksite.

The California Labor Commissioner’s Office has FAQs pertaining to important employment issues that employers should consider when their employees or worksite are impacted by wildfires.

Regular …

The Supreme Court of California recently issued two opinions assessing the breadth of California’s prevailing wage law.

Before the court in Mendoza v. Fonseca McElroy Grinding Co., Inc. was a specific question about whether California Labor Code section 1772 helped establish the scope of coverage by providing that workers employed “in the execution” of…

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court has concluded that an employee’s “regular rate of compensation” for meal and rest period premium pay is synonymous with the employee’s “regular rate of pay” for overtime.  Accordingly, employers paying meal and rest period premiums must pay those,  not at an employee’s base…