California Class and PAGA ActionBlog Posts
New Law Exempts Certain Airline Cabin Crew from California Meal and Rest Period RequirementsExisting law requires an employer to provide an employee with a meal period during a work period of more than five hours per day, except as prescribed. However, on March 23, 2023, Governor Newsom signed Senate Bill (SB) 41, which provides that California’s meal and rest period requirements do not apply to airline cabin crew... Continue ReadingMarch 27, 2023 |
CDPH to End COVID-19 Vaccination and Masking Mandates for Healthcare WorkersThe COVID-19 State of Emergency for California ended on February 28, 2023. In its wake, the California Department of Public Health (CDPH) has announced impending updates to its remaining COVID-19 mandates, including those applicable to healthcare workers. On March 3, 2023, the CDPH announced it would end vaccination requirements for healthcare workers, including those in... Continue ReadingMarch 23, 2023 |
No Fooling: City of Los Angeles Retail Fair Workweek Ordinance Takes Effect April 1, 2023In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and providing work schedules to employees. Covered employees are anyone working in the City of Los Angeles for at... Continue ReadingMarch 20, 2023 |
California Court of Appeal Upholds Proposition 22 as Mostly ConstitutionalThree years ago, California voters approved Proposition 22, the “Protect App-Based Drivers and Services Act,” which allowed app-based rideshare and delivery companies to hire drivers as independent contractors if certain conditions were met. This week the California Court of Appeal mostly upheld the Proposition as constitutional. Proposition 22 went into effect in 2021 and was... Continue ReadingMarch 16, 2023 |
San Francisco Issues Implementation Guidance for Military Leave Pay Protection ActOn February 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect. The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up to 30 days in a calendar year. San Francisco’s Office of Labor Standards Enforcement has issued Implementation Guidance to assist... Continue ReadingMarch 10, 2023 |
Cal/OSHA Proposes Changes to Update Workplace Exposure to Lead RegulationsOn March 3, 2023, the Cal/OSHA Standards Board published notice of proposed revised regulations pertaining to workplace exposure to lead for the general industry and construction safety orders. In its Initial Statement of Reasons for the revisions, the Board indicates that the existing requirements are based on lead toxicity information and medical and epidemiological data... Continue ReadingMarch 7, 2023 |
California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour PenaltiesIn May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims for waiting time penalties or violations of wage statement requirements. The underlying action was a class action brought... Continue ReadingMarch 3, 2023 |
New FAQs Dramatically Expand Scope of California “Labor Contractor Employee” Pay Data ReportingThis year, employers in California have updated pay data reports to submit to the state’s Civil Rights Department (CRD). Senate Bill (SB) 1162, passed in 2022, updated previous employee pay data reporting obligations and created an entirely new obligation to pay data reporting related to “employees hired through labor contractors.” This year, these pay data... Continue ReadingMarch 2, 2023 |
The Basics of California’s Outside Salesperson ExemptionIt is well-known that California law is often more strict than federal law. Just as California handles overtime differently than the federal Fair Labor Standards Act (FLSA), California law also treats aspects of overtime exemptions differently than the FLSA. One such difference is the Outside Salesperson exemption. Under the FLSA, an outside sales employee is... Continue ReadingFebruary 27, 2023 |
The City of Los Angeles Announces the Minimum Wage Rate Increase for July 2023While the State of California and several cities across the state increased their minimum wages on January 1, 2023, some cities—including the City of Los Angeles—will increase their minimum wage in July 2023. On February 1, 2023, the City of Los Angeles Office of Wage Standards announced the coming increase for July 1, 2023. Based... Continue ReadingFebruary 24, 2023 |