The underlying action, Naranjo v. Spectrum Security Services, was a class action brought by former and current employees, alleging violations of meal period violations. The plaintiffs sought not only premium wages for the violations but also waiting time penalties and penalties for failure to provide accurate wage statements. The results of the trial court
Wage and Hour
Refresher on California Commute Time
Over the last 12 months, many employees have started to return to work at a worksite other than their home, even though some remain remote or partially remote. Employers may need a refresher on commute time for employees.
Under the California Wage Orders, hours worked are defined as the time during which an employee is…
Inflation May Trigger California’s Minimum Wage to Increase to $15.50 for All Employees on January 1, 2023
In 2017, California started its stair-step climb to a $15.00 minimum wage, allowing smaller businesses with 25 employees or less to raise their minimum wage on a delayed schedule from larger businesses. All employers regardless of size were scheduled to be at the same minimum wage of $15.00 per hour effective January 1, 2023.
However,…
Implementing Alternative Workweek Schedules in California
Under California law, employees normally accrue daily overtime for hours worked over 8 hours in a day. Alternative workweek schedules (AWS) permit workplaces to adopt different schedules longer than 8 hours without accruing overtime. This may be needed due to health and safety concerns or industry practices that mandate longer shifts. It may also be…
California Assembly Bill Proposing a 4-Day Workweek Runs Out of Time
Early in the 2022 Legislative Session, Assembly Bill (AB) 2932 was introduced and was known as the four-day workweek bill. It sought to change when an employee would be paid one and one-half times their regular rate of pay by redefining the workweek.
Under current California law, overtime may be earned at one- and one-half…
California Draft Bill Doubles Down on Pay Transparency
On February 17, the California Senate introduced SB 1162, which—if passed—could give California the most aggressive pay transparency laws in the nation. Again. The draft California law enhances two common state law pay transparency strategies: proactive wage range disclosure and pay data reporting.
Read the full article on Jackson Lewis’ Pay Equity Advisor
California Court of Appeals Rules Short Haul Drivers’ Claims Preempted by Federal Motor Carrier Safety Administration Rules
In Espinoza v. Hepta Run, Inc., the California Court of Appeal reiterated that federal law preempts California meal and rest period requirements for motor carriers and confirmed such preemption also applies to short-haul drivers.
A truck driver filed a complaint against his employer alleging various wage and hour violations, including failure to provide meal…
California Court of Appeal Reiterates Support of Rounding of Employee Time, Affirms Denial of Class Certification
The California Court of Appeal, in Cirrincione v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this decision warrants further attention.
The underlying case involved an employee bringing multiple wage and hour claims, including allegations that…
California’s Labor Commissioner Publishes FAQ for Garment Protection Act
In September 2021, California’s Governor signed Senate Bill (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. Brand guarantors include persons who license a brand or name for garment…
California’s Labor Commissioner Publishes FAQ for Warehouse Quota Law
In September 2021, Governor Newsom signed Assembly Bill (AB) 701, which regulates the use of quotas at warehouse distribution centers in California.
AB 701 requires employers with large warehouse distribution centers to disclose quotas and pace-of-work standards to each employee upon hire or within 30 days of the law going into effect.
AB 701…