Insight & Commentary on California Workplace Law Issues & Developments
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…
February 17th was not only the start of the President’s Day weekend but also the last day that California legislators could introduce bills for consideration during the 2023 legislative session. Jackson Lewis attorneys will be monitoring the below bills, which have the potential for a profound impact on California employers.
Assembly Bill (AB) 1100…
On June 28, 2022, the Los Angeles City Council passed an ordinance designed to increase safety protections for hotel workers in hotels, to limit their daily workload, and to raise their wages. Mayor Eric Garcetti is anticipated to sign the ordinance, which would then take effect 30 days later.
Called the “Hotel Worker Protection Ordinance,”…
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…
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…
As we approach the holiday season, employers may have uncertainty about handling holiday pay and related issues with holiday closures.
Under California law, hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. In other words, there is no requirement that employers pay an employee a…
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 administrative exemption, which includes workers who are employed in administrative, managerial, executive, or professional capacities. There are detailed requirements as to the amount…
The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar.
Assembly Bill 1003 – Wage Theft as Grand Theft
AB 1003 would make an employer’s intentional theft…
The California Supreme Court has held that, under state law, when an employee earns a flat sum bonus during a pay period, the overtime pay rate will be calculated using the actual number of non-overtime hours worked by the employee during the pay period. Alvarado v. Dart Container Corp., 2018 Cal. LEXIS 1123 (Cal. Mar.…
While reversing summary judgment in favor of a holding company, in Castaneda v. The Ensign Group B249119 (Cal. Ct. App. Sep. 15, 2014), the California Court of Appeal held that a “corporation with no employees [that] exercises some control over [a] corporation with employees, [] may be the employer of the employees of the corporation it owns.” In doing so, the Court found that there were triable issues of material fact whether the holding company that alleged it had no employees, The Ensign Group, Inc., was the plaintiff’s employer.
Continue Reading California Court of Appeal Holds That A Holding Company With No Employees May Be Vicariously Liable For Alleged Wage and Hour Violations of a Subsidiary
