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California Challenges Federal Preemption of Meal and Rest Break Laws

California’s Labor Commissioner is challenging a recent Federal Motor Carrier Safety Administration (FMCSA) determination that federal law preempts California’s meal and rest break rules for certain truck drivers. On December 21, 2018, the FMCSA issued a determination of preemption, in which it concluded that federal law (49 U.S.C. 31141(c)) preempts California’s meal and rest break […]

Feb 15 2019 - Meal and Rest Break - Erika Pickles Read More »

Love Continues to Bloom at Work

As cold, wet weather blankets California, fewer people will be celebrating Valentine’s Day this year, according to a National Retail Federation (NRF) survey. Only 51 percent of Americans plan to celebrate, but they plan to spend more money and not just on gifts for their sweethearts. “The vast majority of Valentine’s Day dollars are still […]

Feb 14 2019 - Harassment - Katie Culliton Read More »

Cases to Watch Update: Liability for Payroll Records

During our annual Employment Law Update seminar road trip, we discussed several “cases to watch” in 2019. For those of you who attended, we’ve got a case update on one of them! For those of you who missed it, an employee sued a former employer for unpaid wages under California’s Labor Code and also sued […]

Feb 13 2019 - Compensation - Erika Frank Read More »

Reporting to Work: No Physical Presence Required

Last week, the Second District California Court of Appeal ruled that on-call employees are entitled to reporting time pay if they are required to contact the employer to see whether they must actually report to work (Ward v. Tilly’s Inc., CA2/3 B280151 2/4/19). This significant wage and hour case applies to employees governed by Wage […]

Feb 12 2019 - Compensation - Erika Frank Read More »

Electronic Filing Doesn’t Relieve Employers of Hard Copy Requirements

Now that I have to file Form 300A electronically, what do I do with the hard copy? The recent requirement to submit Form 300A data electronically doesn’t relieve employers of the responsibility to post the hard copy Form 300A each year. Each establishment (place of business) must post the Form 300A from February 1 to […]

Feb 11 2019 - Reporting Requirements - HRWatchdog Read More »