Employers got a rare win in a regular rate case earlier this month. In Lemm v. Ecolab, Inc., the Second District cemented California’s adoption of the percentage of total
Continue Reading No Overtime on Overtime – a Qualified Win for Employers
Leave it to California courts to deliver another setback to employers right before the holidays. Near decade-old rounding rules were just dealt a hearty blow. Employers should immediately reconsider rounding
Continue Reading Neutral Rounding Policies on Life Support
How does a California employer prove in litigation that it actually provides rest breaks? How much evidence is enough? Well, after litigating this issue what seems to be hundreds of
Continue Reading Give Me a Break (a Rest Break That Is)I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument
Continue Reading Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands
The sharks are starting to circle around PAGA (Private Attorney General Act), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally
Continue Reading Will Employers Finally Get Some PAGA Relief in 2022?
Background
The California Supreme Court just made it even more difficult to do business in California. Overturning the ruling of two lower courts, on July 15, 2021, the Court held
Continue Reading California Supreme Court Rules that Meal and Rest Premiums Must be Paid at the “Regular Rate”
Today, Governor Newsom signed AB 5 into law, drastically altering how millions of Californians are paid and drastically altering the legal analysis involved in distinguishing between “employees” and “independent contractors.”
Continue Reading AB 5 Will Reshape Worker Classifications
California employers know to expect that the law sometimes takes some crazy turns. But the changes to the rules for healthcare worker meal waivers have been particularly insane. Try to
Continue Reading New Developments on Meal Waivers for Healthcare Workers – Back Where We Started
An ancient maxim of jurisprudence states that “the law disregards trifles.” Or in Latin: De minimis non curat lex. The underlying principle is that some alleged wrongs are so trivial
Continue Reading CA Supreme Court Says Employers Can’t Disregard Trivial Amounts of Time