California Labor & Employment Law Blog

New FLSA Overtime Exemption Regulations Still Under Consideration By Department of Labor

March 23, 2015 - 9:33 AM

By: Mark S. Spring

Earlier this week, Secretary of Labor Perez announced that her agency is still working hard on revising the regulations governing the existing white collar overtime exemptions.  These regulations were originally expected to be published in early 2015.  However, that did not happen.  Secretary Perez now expects that the regulations will be finalized and...
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Oakland Minimum Wage and Paid Sick Leave Law Effective This Week

March 6, 2015 - 7:46 AM

By: Robin E. Largent

In addition to having to comply with the new statewide paid sick leave law, California employers with employees in Oakland need to ensure that they are complying with a new Oakland minimum wage and paid sick leave measure that took effect March 2, 2015.  New Minimum Wage Requirement Effective March 2, 2015, employees working at least two hours...
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Class Certification Properly Denied to Sephora Workers Suing for Misclassification

February 26, 2015 - 1:28 PM

By: Robin E. Largent

Today a California Court of Appeal issued its published decision in Mies v. Sephora, holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative employees.  The Court of Appeal originally issued its decision as an unpublished decision in early February...
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Ninth Circuit Seeks California Supreme Court Guidance on California’s Day of Rest Law

February 23, 2015 - 10:17 AM

By: Robin E. Largent

California Labor Code section 551 provides that employees are entitled to one day’s rest in seven and that no employer shall cause an employee to work more than six days in seven.  The statute exempts employees who do not work more than 30 hours per week, or who do not work more than 6 hours...
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Federal Overtime Exemption Changes Likely to Occur in Upcoming Weeks

February 17, 2015 - 9:55 AM

By: Mark S. Spring

The Department of Labor last updated its regulations related to the primary FLSA exemptions (administrative, executive, and professional employees) in 2004.  President Obama called for changes to the regulations and a narrowing of the exemptions in 2014.  Recent activities by the Department of Labor and Office of Information and Regulatory Affairs indicate that the Department...
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California Supreme Court Grants Review in Independent Contractor Misclassification Case

February 3, 2015 - 7:10 PM

By: Robin E. Largent

Last week the California Supreme Court granted the employer’s petition for review in Dynamex v. Superior Court, an independent contractor misclassification case in which the Court of Appeal held that the test for independent contractor versus employee status depends on whether the employee is alleging a violation of wage order provision or not....
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California Court:  On-Call Rest Breaks Are Permissible

February 3, 2015 - 12:10 PM

By: Robin E. Largent

Last week a California Court of Appeal issued its published decision in Augustus v. ABM Security Services, Inc., overturning a $90 million class judgment against ABM based on its purported failure to provide its security guards with proper rest breaks.  Although it was undisputed that the security guards regularly were provided with and took rest...
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It Pays to Sleep on the Job in California

January 8, 2015 - 1:55 PM

By: Robin E. Largent

Today the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc., addressing the issue of whether security guards working 24-hour shifts have to be paid for all 24 hours or whether 8 hours of sleeping time (during which the security guards are simply on-call) may be uncompensated.  The Court held that the...
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Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or rlargent@cdflaborlaw.com BIO »

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