The California Division of Labor Standards Enforcement (DLSE) issued minimum wage citations to farm labor employers pursuant to Cal. Lab. Code § 1197.1 despite the fact that it was undisputed that the employers paid all of the employees at least the minimum wage by payday. The DLSE
California Labor Code
Meal/Rest Break Premiums Must Include All Forms of Remuneration
Ferra v. Loews Hollywood Hotel, LLC, 11 Cal. 5th 858 (2021)
Like the federal Fair Labor Standards Act (FLSA), Cal. Lab. Code § 510 requires that employers pay non-exempt employees overtime at their “regular rate[s] of pay.” Under a different section of the Labor Code and the Industrial Welfare Commission’s Wage Orders, employers also must provide non-exempt employees with unpaid meal and paid…
March 2021 California Employment Law Notes
We invite you to review our newly-posted March 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims
- LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System
- Supreme Court Invalidates Rounding Time Punches For Meal Periods
- Ninth
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California Law Applies To Flight Attendants’ Wage/Hour Class Action
Bernstein v. Virgin Am., Inc., 2021 WL 686281 (9th Cir. 2021)
Approximately 25% of Virgin’s flights were between airports in California, and approximately 75% of Virgin’s flight took off or landed at a non-California airport, but the vast majority of those flights retained some connection to California (i.e., arrived in or departed from an airport in California); members of the class spent approximately 31.5% of…
July 2020 California Employment Law Notes
We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII
- Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down
- Airline Employees Whose Base of Work Is In
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Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements
Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020)
Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most of their work in airspace outside of California’s jurisdiction. The employees are not paid according to California wage law, but pursuant to the terms of a collective bargaining agreement entered…
January 2020 California Employment Law Notes
We invite you to review our newly-posted January 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories
- Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed
- Employer That “Mistakenly” Terminated Employee On Disability Leave May Be
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Employer’s Wage Statement Failed To Provide Legal Name Of Employer
Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019)
Mohammed Noori sued his former employer for violation of Cal. Lab. Code § 226(a) (setting forth certain very specific statutory requirements for itemized wage statements) based on the fact that the wage statements identified “CSSG” as the “name of the legal entity that is the employer” even though CSSG…
March 2019 California Employment Law Notes
We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right;
- Former Accountant Could Proceed With Whistleblower Lawsuit;
- Employer Violated FCRA With Improper Background Check Notice;
- Fruit Growers May Have Been Joint
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Payroll Company Not Liable To Employee For Negligence Or Breach Of Contract
Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019)
Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and the Court of Appeal affirmed in part and…