Wage and Hour Update: California Supreme Court Expands Definition of Compensable Hours of Work

On March 25, 2024, the California Supreme Court issued its opinion in Huerta v. CSI Electrical Contractors, S275431. The Huerta case involved an action by an employee of a subcontractor hired by Defendant CSI Electrical Contractors, to provide procurement, installation, construction, testing, and services at the California Flats Solar Project in San Luis Obispo and […]

Wage And Hour Update: Rounding Time No Longer Permissible?

On July 24, 2023, the California Court of Appeal issued a partially published opinion negatively impacting employers who have a neutral time clock rounding policy. Employers should be prepared to take appropriate action to avoid class action liability. The End of Rounding Time in California is Imminent The plaintiff in the case was a registered […]

2015 Legislative Developments: Wage and Hour Laws

The California Legislature has enacted a number of new laws that will impact employers and employees in 2016. In eight installments, Kronick will provide you with helpful summaries by category. The first installment covers Wage and Hour Laws. I. Wage & Hour Laws A. SB 358 (Jackson): California Fair Pay Act With the adoption of […]

Joe’s Crab Shack Managers Move Forward with Class Action Wage and Hour Misclassification Suit Despite Plaintiffs’ Inability to Establish Number of Hours Worked

Last week, the California Court of Appeal for the Second Appellate District reversed a trial court’s class certification denial in a proposed overtime class action brought by Joe’s Crab Shack managers against the restaurant chain.  The court ruled that a class action was the best method of resolving the employees’ wage and hour claims, even […]

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor Commissioner’s Jurisdiction

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the clothing retailer’s employment contracts excluded wage claims.  Affirming the trial court’s order denying Tilly’s Inc.’s motion to compel arbitration, the appellate court […]

AB1228: Fast Food Minimum Wage Law Takes Effect today, April 1, 2024

Starting today, April 1, 2024, the new minimum wage for fast food employees throughout the state of California is at least $20.00 an hour. For most other employers, the state minimum wage is currently $16.00 an hour. AB 1228  On September 28, 2023, Governor Newsom signed into law AB 1228, the Fast Food Restaurant Industry […]

California Supreme Court Holds That Unpaid Meal and Rest Break Premiums May Qualify for Section 203 Waiting Time Penalties After Discharge

The California Supreme Court again has issued a decision damaging to California employers and further heightening the risks associated with managing employee meal and rest breaks in California. In Naranjo v. Spectrum Security Servs. Inc., ___ P.3d ____ (2022), the California Supreme Court found that an employer’s willful failure to pay meal and rest break […]

Unemployment Insurance Changes Resulting from the Families First Coronavirus Response Act, California’s Employment Development Department’s UI Work Sharing Program, and The Coronavirus Aid, Relief, and Economic Security Act

Families First Coronavirus Response Act – HR 6201’s Division D – Emergency Unemployment Insurance Stabilization and Access Act of 2020 The Emergency Unemployment Stabilization and Access Act of 2020, a part of the FFCRA, amends Section 903 of the Social Security Act (42 U.S.C. 1103) by providing $1,000,000,000.00 ($1 billion) in emergency grants to states […]