December 2, 2020
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.
October 20, 2020
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.
October 15, 2020
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:
October 7, 2020
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.
September 28, 2020
NEW LAWS IMPOSE REPORTING AND WRITTEN NOTICE OBLIGATIONS ON EMPLOYERS RELATING TO COVID-19 WORKPLACE
On September 17, 2020, Governor Newsom signed two new laws impacting employer obligations relating to COVID-19 workplace exposures—S.B. 1159 and A.B. 685.