Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93, 102 (2022) decision had significant ramifications because it triggered related obligations for employers to report the premiums on employee wage statements, pay employees these
California Labor Code Section 203
July 2022 California Employment Law Notes
We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Summary Judgment Was Properly Granted To Employer In Whistleblower Case
- Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing
- Employer May Have Willfully Violated FCRA By Not Providing Employees Proper Background
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Meal/Rest Break Premium Pay Is A “Wage” For Purposes Of Wage Statements And Timely Pay Requirements
Naranjo v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93 (2022)
Gustavo Naranjo alleged that his employer had not provided an additional hour of pay for each day on which Spectrum failed to provide employees with a legally compliant meal break (i.e., had failed to provide “premium pay” pursuant to Cal. Lab. Code § 226.7). Naranjo further alleged that Spectrum was required to report…
California Supreme Court Rules Meal and Rest Break Premiums Constitute “Wages” Potentially Triggering Penalties for Violations
In a much anticipated ruling, on May 23, 2022, the California Supreme Court issued its decision in Naranjo et al. v. Spectrum Security Services, Inc. Previously, the Court of Appeal held that unpaid premium payments for meal period violations did not entitle employees to additional penalties for either inaccurate wage statements or failure to timely pay wages upon separation of employment. The Court of…
Prompt Final Pay Provisions Of California Labor Code Apply To Retiring Employees
McLean v. State of Cal., 2016 WL 4395672 (Cal. S. Ct. 2016)
Janis McLean, a retired deputy attorney general, filed suit against the State of California on behalf of herself and a class of former state employees who, having resigned or retired, did not receive their final wages within the time period set forth in Cal. Labor Code § 202 (72 hours). McLean alleged…