Category Archives: California Labor Code

Subscribe to California Labor Code RSS Feed

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

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 … Continue Reading

California’s War On The Fast-Food Industry Continues

By Tony Oncidi and Ariel Brotman on March 2, 2023 Posted in California Labor & Employment Law, California Labor Code, Joint Employer, New and Proposed Laws and Legislation

In the California Legislature’s latest attack on the fast-food industry, Assemblymember Chris Holden (D-Pasadena) introduced the Fast Food Franchisor Responsibility Act (“AB 1228”). AB 1228 was introduced shortly after a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB … Continue Reading

Court Puts New Controversial Fast-Food Worker Law on Hold

By Philippe A. Lebel and Michelle Lappen on January 20, 2023 Posted in California Labor & Employment Law, California Labor Code, Collective Bargaining, Minimum Wage, New and Proposed Laws and Legislation, Wage and Hour

On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by California voters. Previously, on December 30, 2022, the court had issued a temporary restraining order against the … Continue Reading

IRS Increases Mileage Rate for 2023

By Kate Gold and Ariel Brotman on January 8, 2023 Posted in California Labor & Employment Law, California Labor Code, Expense Reimbursement, Wage and Hour

On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this rate applies “to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered … Continue Reading

California Mandatory Postings and Pamphlets – What’s New for 2023

By Kate Gold and Ariel Brotman on December 8, 2022 Posted in California Labor & Employment Law, California Labor Code, CFRA, Discrimination, Employee Handbooks, Employment Policies, Harassment, Hiring, Leaves of Absence, Minimum Wage, New and Proposed Laws and Legislation, Pregnancy Leave, Wage and Hour

California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following: 1. California Minimum Wage; 2. Family Care and Medical … Continue Reading

Arbitrator Should Decide Whether NY or CA Law Applies

By Tony Oncidi, Kate Gold, Colleen Hart, Katrine Magas and Ryan McGill on November 23, 2022 Posted in Arbitration Agreements, California Labor & Employment Law, California Labor Code, Labor Code § 925

A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court, 2022 WL 16832570 (Cal. Ct. App. 2022). This ruling potentially undermines the protections of Labor Code … Continue Reading

Ninth Circuit Clarifies Overtime Calculation Rules for Shift Premiums and Holiday Pay Under California Law

By Allan Bloom, Kate Gold, Philippe A. Lebel and David Gobel on November 16, 2022 Posted in Bonus Compensation, California Labor & Employment Law, California Labor Code, Overtime

To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the employee’s total weekly remuneration (except for a handful of categories that are specifically excluded, such as gifts and payments … Continue Reading

The Ninth Circuit Adopts Broad View of Whistleblower Retaliation Claim under the California Whistleblower Protection Act

By Tony Oncidi and Michelle Lappen on November 4, 2022 Posted in California Labor & Employment Law, California Labor Code, Employee Discipline, Retaliation, Whistleblowers, Wrongful Termination

In the continuously evolving whistleblower retaliation standard we previously reported on earlier this year here and here, the Ninth Circuit has now weighed in on California Labor Code section 1102.5 in Killgore v. Specpro Pro. Serv., LLC, No. 21-15897. In holding that a consultant on an environmental project for the U.S. Army Reserve Command raised … Continue Reading

California Court of Appeal Dismantles Rounding Where Accurate Timekeeping Records Exist

By Philippe A. Lebel and Sehreen Ladak on October 31, 2022 Posted in California Labor & Employment Law, California Labor Code, Class Actions, Wage and Hour

A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal. App. 4th 889 (2012). In arriving at this conclusion, the See’s Court relied on regulations under … Continue Reading

Five New Employment Laws that Every California Employer Should Know

By Kate Gold and Wesley C. Shelton on October 13, 2022 Posted in California Labor & Employment Law, California Labor Code, CFRA, Coronavirus, COVID-19, Discrimination, Drug Policies, Drug Testing, Employee Handbooks, Employment Applications, Employment Policies, Leaves of Absence, New and Proposed Laws and Legislation, Paid Sick Leave, Pay equity

A new year brings new employment laws for California employers. California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023. Here are five new employment laws that every California employer … Continue Reading

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case

By Tony Oncidi on October 9, 2022 Posted in California Labor Code, Disability, Discrimination, Labor Code § 132, Retaliation, Statute of Limitations, Whistleblowers

Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5). Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading

California Creates Unelected Council to Set Minimum Wages/Working Conditions of 500,000 Fast Food Workers

By Tony Oncidi and Ariel Brotman on September 12, 2022 Posted in California Labor & Employment Law, California Labor Code, Collective Bargaining, Minimum Wage, New and Proposed Laws and Legislation, Wage and Hour

On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and … Continue Reading

EMPLOYMENT ARBITRATION AGREEMENTS REMAIN LEGAL IN CALIFORNIA – AT LEAST FOR NOW!

By Mark Theodore, Tony Oncidi and Wesley C. Shelton on August 26, 2022 Posted in Arbitration Agreements, California Labor & Employment Law, California Labor Code

As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes. In a new twist, … Continue Reading

July 2022 California Employment Law Notes

By Tony Oncidi on July 11, 2022 Posted in California Labor Code, California Labor Code Section 202, California Labor Code Section 203, Class Actions, Collective Bargaining, Drug Testing, Employment Applications, Employment Law Notes, Hiring, Jurisdiction, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Retaliation, Statute of Limitations, Workers Compensation

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 … Continue Reading

Meal/Rest Break Premium Pay Is A “Wage” For Purposes Of Wage Statements And Timely Pay Requirements

By Tony Oncidi on July 11, 2022 Posted in California Labor Code, California Labor Code Section 202, California Labor Code Section 203, Labor Code § 226, Meal Periods and Rest Breaks

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). … Continue Reading

Extended Statute Of Limitations Does Not Apply To Employer Of Felon

By Tony Oncidi on July 11, 2022 Posted in California Labor Code, Statute of Limitations

Cardenas v. Horizon Senior Living, Inc., 78 Cal. App. 5th 1065 (2022) The victim of a felony has an extended statute of limitations in which to bring an action for personal injury or wrongful death against the person convicted of that felony pursuant to Cal. Code Civ. Proc. § 340.3 (“Section 340.3”). Mauricio Cardenas (who … Continue Reading

Summary Judgment Was Properly Granted To Employer In Whistleblower Case

By Tony Oncidi on July 11, 2022 Posted in California Labor Code, Retaliation

Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022) Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her after she reported that she was working below her service classification, which she believed evidenced a violation of the law. … Continue Reading

Despite Employee-Friendly Test, California Court of Appeal Finds in Favor of Employer in Whistleblower Retaliation Claim

By Mark Theodore and Sehreen Ladak on June 13, 2022 Posted in California Labor & Employment Law, California Labor Code, Constructive Discharge, Employee Discipline, Retaliation, Whistleblowers, Wrongful Termination

As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022). Despite the newly affirmed and extremely high burden for employers to prevail against Section 1102.5 claims … Continue Reading

Several State “Job Killer” Bills Move One Step Closer to Passage

By Philippe A. Lebel and Michelle Lappen on June 3, 2022 Posted in California Labor & Employment Law, California Labor Code, Discrimination, Drug Policies, Drug Testing, Employment Policies, FEHA, New and Proposed Laws and Legislation, News, Payroll, Reporting Requirements, Retaliation, Workers Compensation

As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”). … Continue Reading

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Trial Court Should Not Have Dismissed PAGA Claims On Unmanageability Grounds

By Tony Oncidi on May 25, 2022 Posted in California Labor Code, Class Actions, Labor Code § 226, Meal Periods and Rest Breaks, PAGA, Settlement

Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022) In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal held that trial courts have inherent authority to strike unmanageable PAGA claims. The Court of … Continue Reading

California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete

By Tony Oncidi on May 25, 2022 Posted in Breach of Contract, California Labor Code, Labor Code § 925, Wage and Hour

LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022) California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed a “Solar Representative Agreement,” which included noncompetition, nonsolicitation and confidentiality provisions as well as Utah … Continue Reading

Former UCLA Physician Can Proceed With Whistleblower Claims

By Tony Oncidi on May 25, 2022 Posted in California Labor Code, Retaliation, Whistleblowers

Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and others for alleged whistleblower retaliation. Dr. Scheer asserted claims under Cal. Lab. Code § 1102.5 (“Section 1102.5”), Cal. Gov’t Code § 8547, et seq., and Cal. Health … Continue Reading

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.