News

December 2, 2020

Every Minute Counts - How Making Employees Wait Can Create Employer Liability

Every Minute Counts - How Making Employees Wait Can Create Employer Liability

In the arena of employment litigation, every minute matters.  Attorneys for employees are filing lawsuits over minutes or fractions of a minute and bringing claims for those minutes or fractions of minutes for multiple employees over the course of months or years.  The recent Ninth Circuit Court of Appeals decision in Frlekin v. Apple is instructive in showing how employers can accrue liability for the smallest increments of time.

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November 6, 2020

Protect Against Employee Reimbursement Lawsuits

Protect Against Employee Reimbursement Lawsuits

Failing to reimburse California employees properly for work-related expenses they incur can lead to lawsuits.

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October 20, 2020

Election Day Quickly Approaching, Employers Should Prepare for California’s Time Off to Vote

Election Day Quickly Approaching, Employers Should Prepare for California’s Time Off to Vote

As Election Day approaches, employers should ensure they are prepared to comply with California’s “Time off to Vote” law and notify employees of their right to take paid leave for the purpose of voting in a statewide election.
 

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October 15, 2020

Pay Data Reporting, Changes to Paid Sick Leave Use, and Other New Employment Laws

Pay Data Reporting, Changes to Paid Sick Leave Use, and Other New Employment Laws

The Legislature passed a number of bills that Governor Newsom signed into law at the end of last month, including additional employment-related bills. Below is a summary highlighting a few of those new employment laws. A more comprehensive list of the new laws can be found here:

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October 7, 2020

Liability for Unpaid Rest Breaks of Commission-Only and Piece-Rate Employees Clarified

Liability for Unpaid Rest Breaks of Commission-Only and Piece-Rate Employees Clarified


Over the past few years several Court decisions have held that employees who work under either piece-rate compensation or commission-only pay structures must be paid at least minimum wage for their non-productive time, including for their rest breaks. As one Court in Bluford v. Safeway Inc. (2013) 216 Cal.App.4th 864 explained, “rest periods must be separately compensated in a piece-rate system,” either under “the legal minimum wage or the contractual hourly rate.” Id. at 872. 
 

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