By: Camille A. Olson, Richard B. Lapp, Louisa J. Johnson, and Andrew M. McKinley With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time job throughout their working years, the demand by workers and companies alike for independent contractor relationships has grown.…

By: Michael Afar Seyfarth Synopsis:  Calculating the correct “regular rate of pay” for overtime hours under California law, in order to properly factor in certain types of bonuses, can give nightmares to even the most diligent employers.  The Ninth Circuit, however, recently held that a potentially wrong formula for calculating overtime is not, by itself, enough to justify class certification—rather, there must be proof that employees have actually been harmed.  The decision will impact the…

Seyfarth Shaw does it again with the 20th Edition of its annual publication Litigating California Wage & Hour Class And PAGA Actions. This latest iteration continues to be a valuable resource for employers who are navigating the nuances of wage and hour class and PAGA actions in California. As in past editions, the 20th edition covers top legal developments and wage and hour trends in the Golden State, including updates devoted to strategies for defeating…

By: Louisa J. Johnson and Noah A. Finkel Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be to view this as a terrible decision for businesses that expands the potential for an entity that does not employ an individual to nonetheless be deemed that individual’s joint employer, this…