Health Care “Opt-Out Credits” Do Not Count Towards Calculation Of FLSA Regular Rate of Pay
Sanders v. County of Ventura, 87 F.4th 434 (9th Cir. 2023)
The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of the employer (Ventura County) in this putative class action arising under the federal Fair Labor Standards Act (“FLSA”), brought by county firefighters and police officers who opted out of their union- and employer-sponsored health plans. The employees who
November 2023 California Employment Law Notes
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19
Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023)
Karen Hartstein represents a certified class of former Hyatt employees who were laid off after the onset of the COVID-19 pandemic in March 2020. The class alleged that Hyatt violated California law by failing to pay them immediately for their accrued vacation time and by failing to compensate them for the value of the
Just in Time for Flu Season, California Expands Sick Leave Requirements
Last week, the California Legislature passed Senate Bill 616 (“SB 616”), an amendment to California’s statewide paid sick leave law that significantly increases the amount of leave that employers need to provide and permit employees to carry over from year-to-year. The bill was sent to Governor Newsom on Wednesday, and he is expected to sign it into law.
Many employers in California’s major population centers already
May 2023 California Employment Law Notes
We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate the equal protection rights of independent contractor drivers and the gig companies that retain them. The panel found that the plaintiffs plausibly alleged that
California Employment Laws Passed and Pending
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are awaiting action by Governor Gavin Newsom.
While Governor Newsom
California Employers May Be Required to Subsidize Backup Childcare
Last Thursday, Assembly Bill 1179 was introduced to require California employers with 1,000 or more to provide “backup ” for children under 14. To be eligible for the benefit, employees who work in California would need to have been employed by the company for at least 30 days. If passed and signed into law, this mandate would go into effect on January 1, 2022 and
May 2019 California Employment Law Notes
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Strict Independent Contractor Test Applies Retroactively;
- California Employee Is Compelled To Litigate His Employment Claims In Indiana;
- Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination;
- Former Employee’s Claims Against The Salvation