Wage and Hour

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Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in California.  Keeping track of all the cases and exemptions related to AB 5 is almost as difficult as determining who…

In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and providing work schedules to employees. Covered employees are anyone working in the City of Los Angeles…

Three years ago, California voters approved Proposition 22, the “Protect App-Based Drivers and Services Act,” which allowed app-based rideshare and delivery companies to hire drivers as independent contractors if certain conditions were met. This week the California Court of Appeal mostly upheld the Proposition as constitutional.

Proposition 22 went into effect in 2021 and…

In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims for waiting time penalties or violations of wage statement requirements.

The underlying action was a class action…

This year, employers in California have updated pay data reports to submit to the state’s Civil Rights Department (CRD).  Senate Bill (SB) 1162, passed in 2022, updated previous employee pay data reporting obligations and created an entirely new obligation to pay data reporting related to “employees hired through labor contractors.”  This year, these pay…

It is well-known that California law is often more strict than federal law. Just as California handles overtime differently than the federal Fair Labor Standards Act (FLSA), California law also treats aspects of overtime exemptions differently than the FLSA. One such difference is the Outside Salesperson exemption.

Under the FLSA, an outside sales employee is…

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…