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
Wage and Hour
Federal Preemption of California’s Meal and Break Laws for Interstate Motor Carriers Applies Retroactively
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…
New Year, New Minimum Wages for California
2023 was supposed to be the year that all California employers would be subject to the same minimum wage of $15.00 per hour. However, inflation has triggered a further increase. Effective January 1, 2023, the state minimum wage for all California employers will be $15.50.
Some cities and counties raised the minimum wage rate…
Computer Software Employees and Physicians Overtime Exemption Rates for 2023
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…
Ninth Circuit Holds California’s ABC Test for Classifying Independent Contractors Does Not Violate First Amendment
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…
California Expands Pay Transparency and Reporting Obligations
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…
$25.00 Minimum Wage for Healthcare Workers Will It Go Viral? Which New Laws Are Stayed?
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
…
California Poised to Expand Pay Transparency, Reporting Obligations
A bill to increase pay transparency in California steps closer to becoming law.
Senate Bill 1162, introduced in February and with some amendments since its initial form, passed the Assembly Appropriations Committee on August 11. Only a few steps are left before it could become law this legislative session: (1) a full Assembly…
U.S. Supreme Court Declines Review of AB 5
In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the test for whether a worker is appropriately classified as an independent contractor became more stringent, creating…
Reminder Regarding California Expense Reimbursement & IRS Increase of Its Mileage Rate
Under California Labor Code 2802, employers are required to reimburse employees for necessary expenses incurred in executing their job duties for their employer. This reimbursement requirement may apply to the use of the employee’s personal vehicle for work purposes, such as driving between work sites. An employee’s regular commute does not typically require reimbursement, just…