What’s in a Name? The Devil Is In The Details

Recently, a California appellate court issued a clear reminder to employers that paying meticulous attention to detail is required in complying with California’s wage and hour laws. In Noori v. Countrywide Payroll & HR Solutions, Inc. (CA3 C084800, 12/26/19), the Third Appellate District closely analyzed the Labor Code’s…

McDonald’s Settles Class Action Wage/Hour Case for $26 Million

McDonald’s recently agreed to pay $26 million to settle allegations that it had violated California’s wage and hour laws.  The case was pending for 7 years and involved a class of 38,000 cooks and cashiers working at corporate-owned locations throughout California.  McDonald’s always denied any violations of the…

California Passes SB 78, a Statewide Version of Obamacare

Effective January 1, 2020, and as a result of the passage of Senate Bill (“SB”) 78, California now has a statewide healthcare mandate that is similar to the federal Affordable Care Act (“ACA”). Like the federal ACA, California’s new mandate requires most California residents to purchase and maintain…

Pay Your Arbitration Fees Late? Risk Losing Your Right to Arbitrate

Senate Bill (“SB”) 707, which became effective on January 1, 2020, creates substantial consequences for employers that fail to pay the costs and fees associated with the arbitration on time. Specifically, after January 1, 2020, an employer that fails to pay arbitration fees within 30 days after such…

Employees Can Now Seek Civil Penalties For Late Wages

Starting January 1, 2020, California employees will be able to seek penalties from their employers directly for late payment of wages. If you are wondering thinking employees were already able to do that, you are partially right. On October 10, 2019, Governor Newsom signed Assembly Bill 673 (“AB 673”),…

Court Blocks AB 51 From Taking Effect on January 1, 2020

AB 51 was signed by Governor Newsom back in October 2019.  AB 51 generally prohibited employers from requiring employees, as a condition of employment, to agree to arbitrate any future Labor Code claims and/or Fair Employment and Housing Act (“FEHA”) claims.  AB 51 also made it illegal for…

California Supreme Court Gives Employers a PAGA Victory

In a rare “win” for California employers, the California Supreme Court recently ruled in ZB, N.A. v. Superior Court that the “underpaid wages” authorized by Labor Code §558 are not recoverable in a PAGA action. California’s Private Attorneys General Act (PAGA) As readers of this blog know well, PAGA…

Blowing the Whistle…Paying the Piper

Whistleblowing in the workplace recently got a lot more expensive for California employers.  A recent California Court of Appeals decision, Todd Hawkins et al. v. City of Los Angeles, has reminded employers — again — about how costly a whistleblower case can be. Blowing the Whistle… Anyone following the…

Use “No Rehire” Provisions in Separation Agreements? Not Anymore…

When an employee separates from a company – whether voluntarily or involuntarily – employers generally don’t want that employee to apply for work again, or to have any chance of dealing with a subsequent lawsuit or claim for “failure to hire.”  When paying severance or separation pay, or…

Missed Meal/Rest Periods Don’t Trigger Waiting Time Penalties

The California Court of Appeals recently ruled in Naranjo v. Spectrum Security Services that an employer’s failure to pay meal or rest period premium pay for an employee who is denied a meal period does not trigger derivative (a) waiting time penalties under Labor Code §203, or (b)…