Searching Content by William Sung from Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Does ‘Compensation' Mean ‘Pay' Under California Law?
Overtime laws vary by states. For instance, overtime under California law is calculated based on the "regular rate of pay."
United States
12 Jun 2019
California Court Of Appeal Holds That Employers May Use Fictitious Business Names On Wage Statements
California (Mary 3, 2019) – California Labor Code section 226(a) mandates nine categories of information to be displayed on wage statements issued to employees,
United States
20 May 2019
California Court Of Appeal Establishes Classification Of Domestic Caregivers As Employees Or Independent Contractors
California's approach to classifying independent contractors from employees has undergone significant developments over the past year.
United States
5 Mar 2019
California Court Of Appeal Clarifies Application Of The ABC Test For Independent Contractors
On May 15, 2018, we issued a client alert on the California Supreme Court's decision in Dynamex Operations v. Superior Court. The Dynamex decision drastically altered the applicable standard used...
United States
22 Nov 2018
California Court Of Appeal Holds Individuals May Be Personally Liable For Labor Code Violations
The California Private Attorneys General Act (PAGA) permits an "aggrieved employee" to step into the shoes of the Labor Commissioner and recover civil penalties and attorneys' fees...
United States
5 Nov 2018
California Enacts A Package Of Legislation Aimed To Prevent Sexual Harassment In The Workplace
In the wake of the #MeToo and #TimesUp movement and corresponding flood of sexual misconduct claims, California Governor Jerry Brown signed a series of bills into law, all which are aimed...
United States
11 Oct 2018
California Enacts A Package Of Legislation Providing Limited Exceptions To Wage And Hour Laws For Specific Industries
In recent months, Governor Jerry Brown has signed a series of bills providing for limited exceptions to wage and hour laws for specific industries. These bills are AB 1654, AB 2605, and AB 2610.
United States
10 Oct 2018
New Legislation In Massachusetts Significantly Restricts The Ability Of Employers To Utilize Noncompetition Agreements In Massachusetts
The Massachusetts Noncompetition Agreement Act (M.G.L. c. 149 § 24L) applies to employee noncompetition agreements entered into on or after October 1, 2018.
United States
10 Sep 2018
U.S. Supreme Court Approves Use Of Class Action Waivers In Employment Arbitration Agreements
The enforceability of class action waivers in employment arbitration agreements is one of the most hotly contested wage and hour issues of this decade.
United States
23 May 2018
California Supreme Court Rejects Federal Regulation On How Overtime Is Computed On Non-Production Flat Sum Bonuses
On March 5, 2018, the California Supreme Court issued an important decision in Alvarado v. Dart Container Corporation ("Alvarado")...
United States
22 Mar 2018
2017 California Employment Law Updates
In 2017, the California Legislature enacted numerous employment-related laws. California employers should take note of these new laws to ensure that their policies and procedures are in compliance.
United States
20 Nov 2017
California Enacts Four New Bills Relating To The Education Code, Background Checks, & Overtime Exemptions
As the 2017 California Legislative Session nears its conclusion, Lewis Brisbois' Employment & Labor Group will publish monthly updates on notable employment bills signed into law...
United States
17 Aug 2017
Sue Tsunami: The Rising Tide Of Verdicts And Settlements In California-Based Employment Litigation
Within weeks of each other, two California juries awarded eight-figure verdicts to individual plaintiffs in employment cases.
United States
23 May 2017
California Supreme Court Finds Arbitration Provision That Waives The Right To Pursue Public Injunctive Relief In Any Forum Is Unenforceable
The California Supreme Court tackled the validity of clauses in pre-dispute arbitration agreements which purport to waive an individual's right to seek public injunctive relief in any forum such as in court.
United States
28 Apr 2017
Federal Judge Grants Emergency Injunction Blocking DOL's New Salary Basis Test For White Collar Exemptions
In May 2016, we brought you a client alert detailing the U.S. DOL changes to the minimum salary level for the executive, administrative, and professional exemptions to $913 per week, or $47,476 per year.
United States
1 Dec 2016
Lewis Brisbois Attorneys Defeat $60 Million PAGA Case Of First Impression
Lewis Brisbois attorneys Jeff Ranen, William Sung, and Tyler Johnson defeated a $60 Million PAGA claim advancing a novel theory that a casino's smoking lounge violated various Labor Code...
United States
25 Nov 2016
California Enacts Two Bills Strengthening Protections For Employees
On September 25, 2016, California Governor Jerry Brown signed into law two bills strengthening protections for employees.
United States
25 Nov 2016
$60 Million PAGA Claim Goes Up In Smoke – The Williamson Doctrine Used As A Sword To Cut The Heart Out Of A Class Action
Judge William F. Highberger granted the defendant casino's motion to dismiss and struck a claim seeking an estimated sixty million dollars in penalties under California's Private Attorneys General Act...
United States
5 Oct 2016
California Expands Personal Liability For Wage And Hour Violations And Enhances Labor Commissioner Enforcement Measures Under The New "A Fair Day's Pay Act"
On October 11, 2015, Governor Jerry Brown signed into law the "A Fair Day's Pay Act," which expands liability for willful wage and hour violations to owners, directors, officers, and managing agents...
United States
7 Feb 2016
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