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)
Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands
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
Will Employers Finally Get Some PAGA Relief in 2022?
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?
California Supreme Court Rules that Meal and Rest Premiums Must be Paid at the “Regular Rate”
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”
AB 5 Will Reshape Worker Classifications
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
New Developments on Meal Waivers for Healthcare Workers – Back Where We Started
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
CA Supreme Court Revises Opinion on De Minimis Rule
CA Supreme Court Says Employers Can’t Disregard Trivial Amounts of Time
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
California Law Protects Workers’ Rights – Who Knew?
Employers are still reeling from last week’s decision in Dynamex Operations West, Inc. v. Superior Court, in which the California Supreme Court said that employers (and even a state
Continue Reading California Law Protects Workers’ Rights – Who Knew?
CA Supreme Court Turns Independent Contractor Analysis on its Head
Determining whether a California worker is an independent contractor or an employee has always been difficult. Judges deciding the issue have complained that the test used by California courts “provides
Continue Reading CA Supreme Court Turns Independent Contractor Analysis on its Head