California Chamber of Commerce’s Post

Are you seeking clarity on wage theft and its legal implications? Delve into this article exploring wage theft laws and the importance of legal representation in addressing payment disputes. #WageTheft #LegalInsights https://bit.ly/3cuBpTn

Big changes are coming! The Fifth Circuit has overturned decades of DOL rules regarding tipped employees. Discover the implications of this pivotal ruling in our latest insight from Lionel Schooler and Jamila Brinson.

Compliance with the Davis-Bacon Act can be very complicated when it comes to bona fide fringe benefits. Let us help take some of the guesswork out of everything listed on the DOL's Fact Sheet #66E. https://lnkd.in/e__yTS9g

The California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and reasonable belief that the issued statements were accurate. The Court's holding offers employers a mechanism to avoid penalties reserved for a “knowing and intentional” failure to report accurate wage statements in California wage and hour class actions. In this client alert, Holly Sutton and Kevin Jones offer some steps to take to ensure compliance: https://lnkd.in/gCYhTDbt #EmploymentLaw #WageAndHour #CaliforniaEmploymentLaw

This is a short summary I wrote of a new California appellate decision that discusses what Plaintiffs who win low awards in wage and hour cases can recover in fees and costs.

When it comes to illegal termination, reinstatement with full back wages shouldn't be a one-size-fits-all solution. While it's important to rectify the injustice, each case should be assessed individually. Factors like the severity of the violation, the employee's performance, and the company's policies should be considered. Just blindly reinstating with full back wages without considering these factors could lead to further complications. It's about finding a fair and balanced resolution that addresses the wrongdoing while also considering the overall impact on both the employee and the company.

Quick tip for employers embroiled in wage and hour disputes: NEVER resolve only the state law claim and disregard the FLSA claim. The FLSA claim will not automatically be released or otherwise extinguished, which may result in additional exposure. Read Jon Steingart's interesting piece in Law360 on this procedural cautionary tale. Thanks, Jon, for including my thoughts in this great article!

Following Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and mitigate costly wage and hour litigation. Estrada eliminated one of employers’ central tools to curb sprawling PAGA claims: requesting dismissal based on the court’s inherent authority to strike unmanageable claims. This article by Chandra Andrade and Ben Buchwalter explains existing procedures that remain available to employers to reduce wage and hour risks and limit PAGA actions. Read the article: https://lnkd.in/g2ng4zqX #EmploymentLaw #PAGALitigation #EmploymentLawyers

Read about how a recent California Supreme Court ruling eliminates one of employers’ central tools to curb sprawling PAGA claims in employment. In this article, Chandra Andrade and Ben Buchwalter explain the Court’s key holdings, and highlight remaining tools for employers to rein in PAGA claims. Click the link to learn more. #paga #employmentlaw

In our latest #FMG blog, we dive into the recent Fifth Circuit ruling on the 80/20 tip credit rule and its significance for employers. We also examine how evolving regulatory interpretations, shaped by recent Supreme Court decisions, could influence other DOL rules. FMG authors: Sunshine Fellows and Thomas Starks https://bit.ly/3B5xTdX #FMGLaw #employmentlaw #employers #DOL #FLSA