Last week the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC dealt yet another blow to California employers: whenever an employee misses a meal or rest period, or takes a non-compliant meal or rest period (i.e., one that is late or short), the...
Wage & Hour Laws
The California Supreme Court Issues an Important Decision Rejecting Use of Time Rounding Policies for Meal Periods
Last week, the California Supreme Court dealt a major blow to California employers in Donohue v. AMN Services, LLC, holding that: (1) Employers cannot engage in the practice of rounding time punches in the meal period context, because meal period provisions are...
New Employment Laws in 2021
Happy New Year! We at Duggan McHugh Law Corporation (DMLC) want to wish you a happy and healthy 2021, and best wishes for a great and profitable year ahead. As 2020 comes to an end, employers will need to be aware of the changing employment laws that will be in effect...
Avoid Running Afoul of CA’s Shifting ‘Independent Contractor’ Law
Few employment law issues have attracted the level of attention garnered by AB 5, California’s sweeping law targeting businesses that utilize independent contractors. Since being passed, the law has survived an onslaught of constructive criticism from negatively...
How Do You Know if Your Workers are Contractors or Employees?
If you run a business, you may hire contractors because of the potential savings they provide. Unlike full-time employees, you do not have to cover their payroll taxes, health benefits, time off, or sick leave. However, employing contractors incorrectly could put your...
Federal Court to Apply Troester to Nike Employee Inspection Times
It is well known that California state labor and employment laws tend to be more pro-employee than corresponding federal laws. Therefore, it may come as no surprise that if you make your employees stand in line before they leave so you can inspect their bags to ensure...
Court says store must pay workers for unworked on-call shifts
Our state is known for its wide-reaching employee protections. A recent Court of Appeal case illustrates this in the context of a department store that required retail employees to call in two hours before possible on-call shifts to see if they had to report in...
California court allows rounding software for meal-break tracking
In a case widely lauded as pro-employer, the California Court of Appeal in the Fourth District recently agreed with the trial court that a health staffing company's use of time-rounding software to track its employees' required meal breaks was fair and neutral and...
California employers need to keep detailed payroll records
There are many legal and practical reasons for California employers to keep accurate, careful records of hours worked and wages paid. For example, federal and state tax and other deductions must be correctly calculated. California law also requires employers to...
Study looks at nuances of gender pay gap
The Institute for Women's Policy Research published a fascinating study in November 2018 that revealed that the gap between the pay women and men receive is more serious than traditional data has shown. Using a sophisticated, multi-year analysis that considered...