Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in 2019. As we discussed in our California Employment News episode at that time (available here on YouTube, or here on our podcast) and here on our blog, the Supreme Court’s decision opened the flood-gates for employees to recover waiting-time and wage statement penalties whenever meal or rest period premiums went unpaid. This ruling immediately hyper-inflating the value of many wage and hour class actions across the state. On remand, the Appellate Court halted this inflation in some instances by clarifying that such penalties are not available to a class of employees where the employer has a good faith dispute that the premiums were due.Continue Reading Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest Period Premiums Were Owed — the Latest Chapter in the Naranjo Saga

Section 7(a) of the NLRA Applies to More Than Just CBA Employees

In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These rights include the right to self-organize; join or assist labor organizations; cooperate in NLRB investigations; and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, including criticizing employer policies and discussing severance, wages and other terms and conditions of employment with co-workers and former co-workers.Continue Reading Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Properly listing employer information on wage statements might seem like a no-brainer, but it can get tricky. Shauna Correia and Rachel Davey break down the details in this episode of California Employment News.Continue Reading California Employment News: Properly Listing Employer Information on Wage Statements (Part 3)