California Judge Declares Proposition 22 Unconstitutional
A California judge has declared Proposition 22 unconstitutional, making it possible that ride share apps like Uber and Lyft will not be able to use the proposition to shield themselves from liability for classifying their drivers...
Oracle and Google Accused of Gender Pay Bias
Two major California technology companies, Oracle America, Inc. and Google, Inc., have been sued by former employees for violating the California Equal Pay Act, codified at Labor Code section 1197.5. Former employees of these companies have come forward with...
Ninth Circuit Finds that AB 5 Applies to the Trucking Industry
The Ninth Circuit has ruled that California’s Assembly Bill 5 applies to the trucking industry, making it very unlikely that trucking companies can continue to classify their drivers as independent contractors in...
Amid March Madness, SCOTUS Hears Arguments on NCAA’s Alleged Antitrust Violations
On March 31, 2021, the Supreme Court held the oral argument in National Collegiate Athletic Association v. Alston regarding the hotly contested issue of whether the amateurism system in collegiate sports violates antitrust laws. The oral argument came just days...
Ninth Circuit Finds Airlines Must Comply with California’s Meal and Rest Break Requirements
The Ninth Circuit has found that flight attendants based in California are entitled to meal and rest breaks required by California law, even if they work primarily out-of-state. The Court noted that there is enough time in a flight attendant’s shift for...
California Supreme Court Rules Employers May Not Round Meal Break Time Punches
In a much-anticipated ruling, the California Supreme Court found that employers may not round the time punches of their employees’ meal breaks. The Court’s unanimous opinion, authored by Justice Goodwin H. Liu, held that rounding meal break time punches was “at...
Ninth Circuit Holds Overtime Must Be Paid on Per Diems
If you are a traveling nurse or another type of employee who receives per diem pay in California, you may be entitled to overtime on your per diems, as well as your base hourly rate. In Clarke v. AMN Servs., LLC (9th Cir. Feb. 8, 2021, No. 19-55784) 2021 U.S....
Court Ruling Indicates Failure to Provide Sick Pay At Regular Rate Can Lead to Waiting Time Penalties
If you are a California employee, your employer likely must pay you sick pay at your “regular rate of pay,” which includes non-discretionary bonuses and shift premiums, as well as your base hourly rate of pay. Moreover, if your employer fails to pay you sick...