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.
Wage and Hour
Not so FAST – AB 257 on Hold Pending Voter Referendum in 2024
On January 24, 2023, the California Secretary of State completed its verification process and qualified a referendum challenging Assembly Bill (AB) 257, also known as the FAST Recovery Act for the November 2024 ballot. In the meantime, the law will not take effect unless it is approved by voters in the November 2024 election.
Governor…
Preliminary Injunction GRANTED Against AB 257 Enforcement & Implementation
While the Secretary of State continued to count signatures to determine if a potential referendum challenging the FAST Recovery Act (AB 257) will make it on the ballot, the Sacramento Superior Court has issued a preliminary injunction prohibiting the implementation or enforcement of AB 257. The injunction will remain in effect unless and until either:…
Temporary Restraining Order Against the FAST Recovery Act
While the Secretary of State continued to count signatures to determine if a potential referendum on the FAST Recovery Act (the Act) will make it on the ballot, a lawsuit was filed by a coalition of California small business owners, restaurateurs, franchisees, and related entities seeking to enjoin the enforcement of the Act. …
A Reminder of Changes to California Workplace Law from 2022
As we wrap 2022, here a review of some of the changes to California employment law that will continue to affect employers in 2023.
Legislative Changes
New Year, New Minimum Wages for California
California Tightens Rules on Vehicle Tracking, Fleet Management
Cal/OSHA Mandated to Update Heat Illness and Wildfire Smoke Standard
Ask A Litigator: What Do Employers Need to Know About PAGA?
The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments give hope to employers that some limitations will be placed on PAGA claims, the filing of PAGA…
A Review of Changes in California Workplace Law in 2021
As 2021 draws to a close, here is a review of our articles about changes to California employment law that will continue to affect employers into 2022.
Legislative Changes
Statewide Right of Recall Bill Signed by Governor Newsom
New Legislation Signed Regarding Wage Theft
Expansion for CFRA Leave to Include Parents-in-Law and Modifications to DFEH…
California Supreme Court Cases Employers Should Be Watching in 2022
The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs.
While the state’s high court answered some big questions in this last year, they still have several cases pertaining…
California Dreamin’, California Vacation Time
It’s summer and California has eased COVID-19 restrictions, which makes it the perfect time for employers to refresh themselves on the rules and regulations governing vacation time for employees in California.
Vacation Not Required
While California is known for its complex web of leave requirements, there is no requirement for California employers to provide vacation…
California Supreme Court Cases Employers Should Watch In 2021
While the California courts were relatively quiet during 2020, the California Supreme Court has a few heavy-hitting employment cases pending for 2021.
Here are the cases employers should be watching in the new year and why.
Donohue v. AMN Services, LLC
AMN Services (“AMN”) used a computer-based timekeeping system, which required employees such as Plaintiff…