Posts Tagged ‘California Supreme Court’

Could Lack of Meal, Rest Break Policy Violate California Law?

When a litigant raises an entirely new issue that has no direct precedent, the court can ask the California Supreme Court how it would rule on a particular set of facts (this is called “certifying the issue”). Earlier this month, the Ninth Circuit Court of Appeals certified two questions relating to meal and rest breaks to […]

26 Aug 19 - Meal and Rest Break - HRWatchdog - No CommentsRead More »

Ninth Circuit Decides to Not Go Back to the Future, Depublishes Vasquez Decision

The Dynamex saga is back for a sequel. In a brief yet temporary win for employers, the Ninth Circuit Court of Appeals depublished its Vasquez opinion. Remember, in Dynamex Operations West v. Superior Court, the California Supreme Court adopted a new test, called the “ABC” test, for evaluating whether workers are properly classified as independent […]

23 Jul 19 - Independent Contractor - Matthew J. Roberts, Esq. - No CommentsRead More »

California Supreme Court Hits Employers in Starbucks Off-the-Clock Work Case

In recent years, employers have faced lawsuits over small, or “de minimis,” amounts of unpaid time spent either before or after the employee clocks in — like time spent booting up your computer or locking up the store. Today, in Troester v. Starbucks, the California Supreme Court held that California’s Labor Code and wage orders […]

26 Jul 18 - Compensation, Workplace Policies - Gail Cecchettini Whaley - No CommentsRead More »

California Supreme Court Issues Worker Friendly Overtime Ruling

Overtime pay in California is based on the employee’s “regular rate of pay,” which is not always an employee’s normal hourly wage and must include almost all forms of pay that the employee receives. But how do you calculate the regular rate of pay when an employee receives both an hourly wage and a flat […]

6 Mar 18 - Overtime - Gail Cecchettini Whaley - No CommentsRead More »

Question Remains: Should Apple Workers Be Paid for Security Screening Time?

Yesterday, the Ninth Circuit Court of Appeal asked the California Supreme Court to help resolve the question of whether Apple’s store workers should be paid for time they spend undergoing security checks at the end of their shifts. The underlying case involves a class action lawsuit brought by more than 12,000 Apple store workers who […]

17 Aug 17 - Compensation - Gail Cecchettini Whaley - No CommentsRead More »