Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in determining whether a worker is an
Continue Reading As Easy as 1-2-3, Court Rules ABC Test Applies Retroactively
When Disaster Strikes: How Employers Should Respond to Wildfires
Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law.
Be Prepared.
All employers, not just those in California, must have an Emergency Action Plan (“EAP”) and Fire Prevention Plan (“FPP’).
California regulations state that an EAP should include (1) procedures for emergency evacuation, (2)
Continue Reading When Disaster Strikes: How Employers Should Respond to Wildfires
Paying Employees Who Haven’t Worked: Split Shifts And Reporting Pay
Seyfarth Synopsis: Yes, it’s true: California employees can be entitled to pay for time they haven’t worked. Here, we highlight two common instances: split shifts and reporting time.
Your head—already spinning if you’ve wrapped it around California’s quirky wage and hour laws—may explode when you consider the notion of having to pay for time not worked. The duties to pay
Continue Reading Paying Employees Who Haven’t Worked: Split Shifts And Reporting Pay
To Seat, or Not to Seat: That is the Question
Seyfarth Synopsis: Seats must be provided for each location where the work reasonably permits.
It started like a bad joke. A cashier and a bank teller walk into a bar—actually, a federal court served by the Bar—and sue CVS Pharmacy and JPMorgan Chase Bank, claiming they were entitled to sit while working, under the California wage orders. They lose
Continue Reading To Seat, or Not to Seat: That is the Question