June 11, 2018

California employers are obligated to reimburse employees for cell phone expenses when employees must use their personal cell phones for work-related calls. They key statute addressing this issue is Labor Code §2802, which states:  “An employer shall indemnify his or h...

May 15, 2018

The California Supreme Court recently reached a decision in Dynamex Operations, Inc. v. Superior Court (Lee), No. S222732, a case which has far-reaching implications related to the use of independent contracts. The decision explained the standard for establishing that...

April 17, 2018

In Rizo v. Yovino, the Ninth Circuit overruled its earlier precedent and held that prior pay differentials are not a “factor other than sex” upon which a wage differential may be justified under the Equal Pay Act of 1963 (EPA). The EPA is a federal law that prohibits e...

March 7, 2018

On March 5, 2018, the California Supreme Court weighed in on the question of how to properly calculate overtime when an employer pays a flat-sum nondiscretionary bonus to employees for working a particular shift. Under California law, when an employee receiving a nondi...

March 2, 2018

A common question asked by employees and employers alike is whether employees must be paid for time spent answering telephone calls and responding to emails after working hours. The answer to this question is generally “yes.” Under the general definition set out in all...

February 23, 2018

Earlier this month, a federal District Court in the Northern District of California decided Lawson v. Grubhub. The case examined the employment status of an individual working for Grubhub, a growing player in the new "gig economy." Grubhub, an internet food ordering se...

February 10, 2018

Employers are sometimes faced with financial issues that prevent them from paying their employees on time. When employers pay their employees after wages are due, it often adversely impacts employees who rely on their employers for the timely payment of their wages. In...

January 16, 2018

Several high-profile cases of sexual harassment have come to the public’s attention over the last several months. These high-profile cases and the so called “Me Too” movement have pushed forward the public discourse on the existence of sexual harassment in the workplac...

January 11, 2018

As of January 1, 2018, California law expanded individuals' ability to purchase marijuana in the state. Since the passage of Proposition 64 in November 2016, California has allowed the possession of small amounts of marijuana for recreational purposes. California law n...

January 10, 2018

Many California employers mistakenly believe that they can avoid paying employees overtime, because their employees are paid a salary instead of an hourly wage. This misunderstanding may come from the fact that employees may be exempt from overtime if they meet two cri...

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