California Supreme Court Holds That Meal and Rest Break Premiums Must Include Commissions, Bonuses and Other Non-Discretionary Pay

Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more than ten hours and a 10-minute … Continue reading

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California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline

Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021.  Similar to the Federal … Continue reading

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California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA

Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and … Continue reading

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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of … Continue reading

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COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here … Continue reading

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Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions … Continue reading

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California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers

The Federal Motor Carrier Safety Administration (“FMCSA”) recently ruled that California’s meal and rest break rules are preempted by the Motor Carrier Safety Act (“MCSA”), 49 U.S.C. § 31141, as applied to property-carrying commercial motor vehicle drivers covered by the … Continue reading

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California Court of Appeal Finds Employee Non-Solicitation Agreement Unenforceable

Previously, agreements prohibiting former employees from soliciting a former employer’s employees were generally considered enforceable, so long as they had reasonable terms. Earlier this month, however, the California Court of Appeal issued a decision, AMN Healthcare v. Aya Healthcare Services … Continue reading

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California Legislature Takes A Strong Stance in Response to #Metoo Movement

The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment … Continue reading

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Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid

On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage … Continue reading

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