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Recently, in Mora v. C.E. Enterprises, Inc., the California Court of Appeal upheld a trial court’s decision in favor of an auto dealership alleged to have used an improper “piece rate” or “flag hours” compensation model.

Two former service technicians alleged that the dealership’s compensation system violated requirements for compensating for productive and non-productive…

A recent California Court of Appeal decision provides clarity for employers with commissioned outside sales employees. In Hirdman v. Charter Communications, the court confirmed that employers may calculate paid sick leave for outside salespersons using their base hourly pay, excluding commissions, as long as that’s how they calculate other forms of paid leave.…

A pair of recent California Court of Appeal decisions serve as yet another reminder to employers of the difficulties that they potentially face when enforcing arbitration agreements in California and, as a result, the importance of drafting clear, precise arbitration agreements.  The first case, Hernandez v. Meridian Management Services, LLC, reiterated the importance of…

While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA claims has caused California trial courts much consternation.

However, recently the California Court of Appeal for the Second Appellate District has provided some…

California employers should review their employment background check procedures in light of recent developments. The California Court of Appeal recently ruled in All of Us or None of Us v. Hamrick that an individual’s date of birth and driver’s license number cannot be used as data identifying a criminal defendant in public records.  The ruling…