Employment Law Commentary

August 15, 2022 - Wage and Hour, PAGA
California Supreme Court Poised to Address the Issue of PAGA Standing Post-Viking River
By: Tritia M. Murata and Lauren Renee Leibovitch
As we previously reported , the United States Supreme Court in Viking River Cruises, Inc. v. Moriana , (2022) 142 S. Ct. 1906, delivered a victory for California employers. The high court held that employers can compel arbitration of a plaintiff’s individual claim under the
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June 29, 2022 - Wage and Hour
Drug Tests and Attorney's Fees
By: Lena H. Hughes
This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). JOHNSON V. WINCO FOODS The Court holds that job applicants to
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June 17, 2022 - Wage and Hour, PAGA
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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April 13, 2022 - Discrimination, Wage and Hour
TRITIA MURATA AND ERIC AKIRA TATE NAMED TO LAW360'S 2022 EDITORIAL ADVISORY BOARD
By: Tritia M. Murata and Eric Akira Tate
Tritia Murata and Eric Akira Tate have been named to Law360 's 2022 Editorial Advisory Board. These boards provide feedback on Law360 's coverage and expert insight on how best to shape future coverage. Tritia Murata was named to Law360 ’s 2022 Employment Authority
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April 08, 2022 - Wage and Hour
Paying Employees in Cryptocurrency: Is That Lawful?
By: David F. Papas
In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be the next phase of cryptocurrency’s melding into the mundane, when
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July 22, 2021 - Wage and Hour
Offshore Occupation
By: Adam L. Sorensen
This week, the Ninth Circuit resolves a split among trial courts about the application of California labor laws on drilling platforms on the Outer Continental Shelf. IAFETA MAUIA v. PETROCHEM INSULATION, INC. The Court holds that California labor laws requiring meal and rest breaks
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December 09, 2020 - Family Medical Leave Act (FMLA), Leaves of Absence, Wage and Hour, Coronavirus (COVID-19), Paid Sick Leave, Legislation
Another Round of New California Employment Laws
By: Andrew R. Turnbull and Kwan Park
With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers, including obligations related to the ongoing pandemic, reinforcing or expanding leave protections, wage and hour
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February 21, 2019 - Wage and Hour
Call-in & Collect: California Reporting Time Pay Compliance Strategies
By: Andrew R. Turnbull
California’s “reporting time pay” regulations are back in the news after the recent California appellate court decision in Ward v. Tilly’s, Inc. held that employees who worked on-call or “call-in” shifts were entitled to half-shift reporting time pay, even when not required to physically
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September 05, 2018 - Wage and Hour
Troester v. Starbucks Corp. – What Is A Trifle, Anyway?
On July 26, 2018, the California Supreme Court issued another highly anticipated opinion in Troester v. Starbucks Corp. , clarifying application of the federal de minimis doctrine, to claims for unpaid wages under California law. Federal courts have long applied the de minimis doctrine
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May 05, 2018 - Wage and Hour
Dynamex v. Superior Court: California Supreme Court Clarifies Standard for Independent Contractor Classification Under California Wage Orders
By: Tritia M. Murata
On April 30, 2018, the California Supreme Court issued its highly anticipated opinion in Dynamex Operations West, Inc. v. Superior Court , clarifying the standard that applies to determine whether a worker is properly classified as an independent contractor for purposes of the Industrial
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