The California Wage Orders require that employees be paid for “all hours worked.” Mendiola v. CPS Security, a California Supreme Court opinion issued yesterday, addressed how to treat 24-hour security guards at construction sites when they were sleeping in their trailers.

Under federal law, the time would not need to be paid. But here

It’s harder to determine whether employees are exempt from overtime requirements under California law than under federal law. Under federal law, exempt status depends on an employee’s primary duty and the time spent performing that duty is not dispositive. But California uses a “primarily engaged” test where how the employees spend their time is entirely

From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a judge, arbitrator, or jury to decide in our client’s favor. But it can be awfully expensive to get to that point. So without further ado,

California wage and hour law provides an exemption for commissioned salespersons. As with the more common executive, administrative, and professional exemptions, employees don’t qualify for the exemption unless their earnings exceed one and a half times the minimum wage. With the state minimum wage having increased to $9 per hour on July 1, 2014,

Here’s yet another post from Dave Faustman. This time he discusses today’s decision in Iskanian v. CLS Transportation, in which Fox Rothschild LLP represented the employer.


Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS on whether employees signing arbitration agreements can be required to waive participation in

On April 3, 2014, the California Supreme Court heard oral argument in front of a packed courtroom in Iskanian v. CLS Transportation, a case involving the enforceability of class/representative action waivers in employment arbitration agreements under California law.  This is a very important decision for employers in California, and one that is very close