Recently indexed
Analysis of new laws and key decisions in California wrongful-termination and employment law.
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Peabody v. Time Warner Cable, Inc.
An employer satisfies the minimum-earnings prong of the commissioned-employee exemption only in those pay periods in which it actually pays the required minimum earnings;…
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Ferra v. Loews Hollywood Hotel: Meal and Rest Premiums Must Be Paid at the Regular Rate of Compensation
Ferra v. Loews Hollywood Hotel, LLC (2021) 11 Cal.5th 858 holds that the meal/rest premium under Labor Code § 226.7(c) must be paid at…
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Alvarado v. Dart Container Corp.
For a flat-sum bonus like the attendance bonus here, the bonus is divided by the number of non-overtime (straight-time) hours the employee actually worked…
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Bluford v. Safeway, Inc.
Rest periods must be separately compensated and cannot be folded into a piece-rate or activity-based pay formula; because Safeway’s uniform pay system did not…
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Gonzalez v. Downtown LA Motors, LP
Piece-rate employees are entitled to separate hourly compensation for time spent waiting for repair work or performing other nonrepair tasks directed by the employer…
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Armenta v. Osmose, Inc.
California does not permit wage averaging: the minimum-wage standard applies to each hour worked, and an employer must pay at least the minimum wage…
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Frlekin v. Apple Inc.: Mandatory Exit-Search Time Is Compensable “Hours Worked”
Frlekin v. Apple Inc. (2020) 8 Cal.5th 1038 holds that time spent waiting for and undergoing mandatory exit bag-and-device searches is compensable “hours worked”…
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Morillion v. Royal Packing Co.: The Two Independent Definitions of “Hours Worked” and Compensable Compulsory Travel Time
Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 holds that the wage order’s “subject to the control of an employer” and “suffered or…
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Mendiola v. CPS Security Solutions: On-Call Time Is Hours Worked, and Sleep Time Cannot Be Excluded
Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833 holds that security guards’ required on-call time at their worksites was compensable “hours worked”…
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Ramirez v. Yosemite Water Co.
The outside-salesperson exemption is determined by a fact-specific inquiry into how the employee actually spends his or her time, not merely the employer’s job…