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Wage and Hour
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California Supreme Court Tells Apple What “Hours Worked” Means

In response to a question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court has explained what the term “hours worked” means, as it is used in the California wage orders. The case involved a class action claim that Apple should pay its retail store employees for the time Read More

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Truckers Obtain TRO against AB5

The California Trucking Association has obtained a temporary restraining order against application of AB 5 to independent truckers. As explained in an earlier post, AB 5 would expressly incorporate the ABC test for employment (as articulated by the California Supreme Court in the Dynamex decision) into the Labor Code. United States District Judge Roger T. Benitez issued the TRO on December Read More

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New Lawsuit Challenges AB 5

Uber, Postmates, Uber driver Lydia Olson and Postmates courier Miguel Perez have filed a lawsuit seeking to have AB 5 declared unconstitutional in the United States District Court for the Central District of California in Los Angeles. Lydia Olson v. State of California, Case No. 2:19-cv-10956. (Read the complaint here.) The case is assigned to United Read More

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Calculating Regular Rate of Pay for a Salaried Nonexempt Employee

A paragraph from a recent article in the Los Angeles Times about the “Revenge of the showbiz assistants” prompts a few words of caution. The article quotes a spokeswoman for WME (a talent agency) as saying that “each assistant automatically has 10 hours of overtime allotted into their paycheck each week.” While the details of Read More

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Ninth Circuit Rejects Attempt to Hold McDonald’s Liable as a Joint Employer

The Ninth Circuit has affirmed a summary judgment that dismissed claims against McDonald’s Corp. in a class action alleging various violations of the California Labor Code. The plaintiffs had claimed that McDonald’s was a joint employer with its franchisees. Salazar v. McDonald’s Corp., Case No. 17-15673 (Oct. 1, 2019), the Court rejected three theories that Read More

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New California Law Codifies ABC Test for Employment Relationship

Governor Newsom has signed AB 5, which was enacted to bring more California workers under the protection of laws that apply to employers. The bill adds section 2750.3 to the Labor Code, which will become effective on January 1, 2020. The bill’s findings state the Legislature’s intent to codify the California Supreme Court’s decision in Dynamex Read More

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Application of Employment Laws to Religious Institutions

Not all employment laws are enforceable against religious institutions — some laws are made inapplicable by their terms, other have been held unenforceable on freedom of religion grounds. Anti-Discrimination Laws The two anti-discrimination laws that apply to California employers contain express exemptions for religious organizations. The federal law –Title VII of the Civil Rights Act Read More

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Home Rule Does Not Preempt California Minimum Wage Law

Article XI, section 5 of the California Constitution grants charter cities “plenary authority . . . to provide . . . the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or Read More

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Effects of the Dynamex Decision

A recent Los Angeles Times article — “Are you an employee or a contractor? Carpenters, strippers and dog walkers now face that question” — explores the ramifications for workers and businesses of the California Supreme Court’s adoption of the ABC test for employee status in the Dynamex decision. That April 2018 decision declared that, for Read More

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Second Meal Period Waivers for Health Care Employees

The California Labor Code generally requires employers to provide employees who work more than five hours with a 30-minute meal period, and to provide employees who work more than 10 hours with an additional 30-minute meal period. An employee who works no more than six hours may waive the meal period, and an employee who works no more than 12 Read More

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