Searching Content indexed under Employee Benefits & Compensation by David Kadue ordered by Published Date Descending.
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California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims
United States
5 Sep 2019
California Supreme Court Rejects Conversion Claim For Unpaid Wages
In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion.
United States
28 Aug 2019
Is "Calling It In" Really "Reporting For Work"?
Traditionally, "report for work" has meant physically showing up at the jobsite, ready to work.
United States
18 Feb 2019
Employer Wins A Round In Wage Case
Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy
United States
21 Dec 2018
Certified Tire: Not Your Average Compensation System
Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage ...
United States
12 Oct 2018
Termination Pay Penalties: Easy To Incur, Impossible To Reduce?
Employers must pay "waiting time" penalties for willfully failing to timely pay wages due upon termination.
United States
31 May 2018
Silver Lining In A California Wage And Hour Cloud
Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime.
United States
18 May 2018
California Supremes Prescribe "ABC" Test For Independent Contractor Status
On April 30, 2018, the California Supreme Court issued a long-awaited opinion in which it considered which test should be used to decide whether a worker asserting claims...
United States
4 May 2018
Paltry Prerequisites For PAGA Penalty Paystub Plaintiffs
California employees who are denied adequate wage statements ("paystubs") can sue for penalties.
United States
6 Oct 2017
"Coercive" And "Disturbing" Arbitration Agreement Upheld Over Labor Commissioner's Protest
In OTO, LLC v. Kho, the California Labor Commissioner challenged a car dealership's mandatory arbitration agreement.
United States
31 Aug 2017
When Is A Civil Penalty Not A Civil Penalty?
Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties.
United States
17 Aug 2017
California Supreme Court Defines "Day Of Rest" Requirements
In Mendoza v. Nordstrom, Inc., the Supreme Court resolved three unsettled questions concerning how to read California's "day of rest" statutes...
United States
13 Jun 2017
Picking A Fight: How California Makes Employment Law Peculiar
Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America.
United States
1 Jun 2017
National Airline Flies Past California Peculiarities
A California federal judge has held that an out-of-state employee's limited presence in California is not enough on its own to require the employer to comply with California wage and hour laws.
United States
25 Jan 2017
Courts To Consider Theories, Not Facts, On Certification
In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements.
United States
1 Dec 2016
Wage Statements Need Not Reflect Value Of Accrued Vacation
Accrued vacation pay is not a category that must appear on employee wage statements.
United States
9 Nov 2016
Piece Rate In A Pickle: California Gets More Peculiar Still
The California Legislature seems intent on ending piece-rate pay as we have known it.
United States
21 Oct 2015
Governor Signs Burdensome Piece Rate Legislation
On October 10, 2015, the Governor signed AB 1513, which, effective January 1, 2016, will add Section 226.2 to the Labor Code.
United States
21 Oct 2015
California Gender Pay Equality Bill To Be Strictest In Nation?
Representing what media observers call the nation's most aggressive attempt yet to close the salary gap between men and women, SB 358 would substantially broaden California gender pay differential law.
United States
15 Sep 2015
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