Wage and Hour

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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…

Despite the Governor’s recent announcement for a tentative reopening of the state by June, California’s legislature has been busy passing COVID-19-related laws. At the end of March, the Governor signed Senate Bill 95, which resurrected and expanded supplemental paid sick leave. And more recently, the Governor signed Senate Bill 93, which implemented a statewide…

In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for classifying workers as either employees or independent contractors. The district court concluded, “there is little question that the State of California has…

20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and…

Despite the California Grocers Association lawsuits pending against four cities over hero pay ordinances, more cities and counties have passed or are considering premium pay ordinances for grocery store and similar workers. The laws all vary in both scope and applicability so affected employers with locations throughout California should be mindful of the distinctions. Of…