In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss the regular rate of pay, its unusual features, and the risks of employers getting it wrong.
Continue Reading California Employment News: The Regular Rate of Pay and Risks of Getting it Wrong

The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal Arbitration Act (FAA) preempts a rule of California law that invalidates contractual waivers (e.g. arbitration agreements) of the right to assert representative claims under California’s Private Attorneys General Act (PAGA).
Continue Reading CA Employers: Good News from the US Supreme Court PAGA Actions May Be Subject to Arbitration After All

On May 23, 2022, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. Employment attorneys Shauna Correia and Lukas Clary discuss the significant and immediate impacts on California employers from this decision.
Continue Reading California Employment News: Premium Pay Constitutes Wages

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the Fair Credit Reporting Act (“FRCA”) by letting a non-attorney manager communicate with outside lawyers to ensure that its background checks were in compliance with the FRCA.
Continue Reading No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks