Wage and Hour

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When Senate Bill (SB) 1162 was signed in 2022, much of the focus was on the new pay transparency requirements. However, the bill also amended pay data reporting requirements in California. Under the amendments covered employers would need to submit separate pay data reports for employees hired through labor contractors. In addition, reporting would need…

On December 13, 2022, the City of Berkeley passed the Fair Workweek Employment Standards Ordinance on the second reading. The ordinance will take effect in January 2023; however, it will not become operative until 2024 according to the terms of the ordinance.

Covered Employers

The ordinance applies to any employer in the City of Berkeley…

Over the summer, several cities considered and even passed a $25.00 minimum wage for healthcare workers.

The Cities of Inglewood and Duarte sent the ordinances for consideration to voters. Only the City of Inglewood measure was successful.

The new $25.00 minimum wage applies to private-sector healthcare workers who work in hospitals, integrated health systems…

As defined by Labor Code section 350, a “tip” or “gratuity” includes any money that has been paid, given to, or left for an employee by a patron of a business over and above the actual amount due to the business for services rendered. Tips or gratuities are distinguishable from “service charges,” which are amounts…

In early 2021, the 9th Circuit upheld federal preemption of California’s meal and rest break laws for interstate motor carrier drivers, in the consolidated case of International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration. In that matter, the 9th circuit held the Federal Motor Carrier Safety Administration (FMCSA)’s determination that…

In order for an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the executive, administrative, and professional exemption, which includes workers who are employed in administrative, managerial, executive, or professional capacities. There are also…

The U.S. Court of Appeals for the Ninth Circuit reviewed a challenge to California’s “ABC Test,” also referred to as Assembly Bill (AB) 5, which is California’s test for whether a worker can be classified as an independent contractor.  In Mobilize the Message, LLC v. Bonta, the plaintiffs appealed the district court’s denial of…

On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other employers. The new obligations take effect on January 1, 2023.

Pay Transparency

Previously, under California law, employers had to provide an…

At the start of June 2022, the City of Los Angeles approved an ordinance to raise the minimum wage for certain healthcare workers at privately-owned healthcare facilities within the city.

Since June, more cities have passed nearly identical ordinances.

All ordinances apply only to privately owned healthcare facilities including:

  • General acute care hospitals;
  • Acute psychiatric

…