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On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General...
Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute...
On September 27, 2021, Gov. Newsom signed into law SB 646, which exempts janitorial employees from PAGA if they are covered by a collective bargaining agreement meeting certain minimum...
Highlights Ferra v. Loews Hollywood Hotel, LLC. The ruling is final and authoritative guidance about the rate of pay for premium payments for noncompliant meal, rest or recovery periods. The ruling is retroactive, and employers should immediately audit pay practices to determine if true-up payments are necessary. The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood Hotel, LLC, the Court ruled that "premium pay" — the penalt...
Friday, July 16, 2021 HIGHLIGHTS OF FERRA V. LOEWS HOLLYWOOD HOTEL, LLC Premiums for noncompliant meal, rest, and recovery periods must be paid at the “regular rate of pay” rather than the base hourly rate. The decision applies retroactively, and the statute of limitations for meal and rest break liability is up to four years. California employers whose workforce includes nonexempt employees who receive incentive pay, such as nondiscretionary bonuses, commissions, piece rate compensation, or shift differential pay should revisit the rate at which meal and rest period premiums ar...