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The Labor & Employment Law Blog
California Employment News: Premium Pay Constitutes Wages
By Shauna N. Correia, Lukas Clary
On May 23, 2022, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. Employment attorneys…
Employment Law Lookout
California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements
By Joseph Hadacek and Joshua A. Rodine Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section…
Labor & Employment Law Blog
California Supreme Court Holds Meal Period Premiums Are “Wages” and May Trigger Wage Statement and Waiting Time Penalties
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., P.3d (2022), the California Supreme Court issued an important wage-and-hour decision. In Naranjo, the Court held that meal break…
Labor & Employment Law Blog
Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties
In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section…
California Employment Law Update
At-Will Employee Can Proceed With Labor Code § 970 Claim
By Tony Oncidi
White v. Smule, Inc., 2022 WL 503811 (Cal. Ct. App. 2022) Kenneth White alleged that while he was interviewing for a job with Smule (a developer and marketer of consumer…
California Peculiarities Employment Law Blog
Governor Signs Garment Manufacturer, Wage Theft, and Other Employment-Related Bills
By Scott P. Mallery, Kristina M. Launey
Seyfarth Synopsis: On Monday, September 27, Governor Newsom signed a number of employment-related bills, including bills aimed at combatting wage theft and wage/hour violations by garment manufacturers, all of which…
Impact Litigation Journal
Johnson v. Maxim Healthcare Services, Inc.: Statute of Limitations on Individual Claim No Bar to Aggrieved Employee Standing Under PAGA
By Robin.hall@capstonelawyers.com
In Johnson v. Maxim Healthcare Services, Inc., Cal. Ct. App. 4th Dist., No. D077599, July 21, 2021 (“Johnson”) (slip op. available here), the California Court of Appeal addressed whether an…
Blank Rome Workplace
California Supreme Court Requires That All Non-Discretionary Payments Must Be Included in Meal and Rest Period Premiums
Meal and Rest Period Premiums Must Include All “Non-Discretionary Payments” and Not Just Hourly Wages Michael L. Ludwig If an employer does not provide an employee with a compliant meal…
Wage and Hour Defense Blog
California Employers Will Need to Change How They Calculate Meal and Rest Period Premiums Following California Supreme Court Decision
By Michael (Mike) S. Kun, Kevin Sullivan
California law generally requires employers to pay non-exempt employees a premium of one hour of pay for non-compliant meal and rest periods. Employers have typically paid such premiums by using…
Wage & Hour Developments
California Supreme Court Rules Meal and Rest Period Premium Pay Is Calculated in the Same Manner as Calculations for Overtime Regular Rate of Pay
By Jill L. Ripke, Neal Fisher Jr., Perkins Coie
On July 15, 2021, the California Supreme Court decided Jessica Ferra v. Loews Hollywood Hotel, LLC, S259172 (Cal. S.Ct. July 15, 2021). The question before the Court was “whether the Legislature intended…