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 […]
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 […]
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 […]
On April 8, 2020, California’s Second District Court of Appeal held that an employee who brings a lawsuit for civil penalties only under the Private Attorneys General Act of 2004 (PAGA), but does not request individual damages to recover his or her own wages, cannot be compelled to arbitrate the PAGA claim, even if the employee […]
On September 12, 2019, the California Supreme Court issued its decision in ZB, N.A. v. Superior Court of San Diego County which further clarified the boundaries of California’s Private Attorney General Act of 2004 (PAGA). (Lab. Code, § 2698 et seq.) In the decision, the Supreme Court held that private citizens cannot use PAGA actions […]
In Lopez v. Friant & Associates, LLC, the Court of Appeal of the First District recently addressed a relatively narrow issue, but one that is relevant to all employers – wage statement violations. This decision is a blow to employers as it allows employees to establish liability for wage statement violations under PAGA without showing injury […]
Senate Bill 96 (SB 96) was enacted on June 27, 2017. Amongst other things, the bill makes changes to Labor Code sections 1725.5, 1771.1 and 1773.3 and Public Contract Code section 4104. Since SB 96 is an appropriations bill, the changes noted below take effect immediately. Labor Code § 1725.5 – Contractor Registration In particular, […]
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 […]
In Gerard v. Orange Coast Memorial Medical Center, California's Fourth District Court of Appeal invalidated a portion of Industrial Wage Commission Order No. 5, the wage order applicable to employees working in hospitals, assisted living facilities, and similar health care establishments, which permitted those employees to waive their second meal period if they worked shifts […]
In Mendiola et al v. CPS Security Solutions, et al., (2015) 2015 WL 107082, the California Supreme Court held that security guards at a construction site were entitled to compensation for all on-call hours spent at their assigned worksites, including sleeping time, as they were under their employer’s control for the entirety of the on-call […]