Tag Archives: California Labor Code

California Supreme Court: Employees who settle their own wage and hour claims still have standing to pursue PAGA

The California Supreme Court ruled on March 12, 2020 that an individual plaintiff’s settlement of their claims against an employer for purported wage and hour violations does not deprive that plaintiff of standing as an authorized representative in a Private Attorney General’s Act (PAGA) action. PAGA deputizes an employee to file a lawsuit for purported … Continue Reading

New for 2013: CA Employees Have the Right to a Copy of Their Personnel Files

An amendment to California Labor Code Section 1198.5 goes into effect on January 1, 2013, relating to employee access to personnel records.  At a current or former employee’s request, an employer must make the employee’s file available for inspection and — new for 2013 — provide a copy of an employee’s personnel records to that … Continue Reading

Got “Receipt”? Effective January 2013, Employers Must Have Written Contracts for Commissioned Employees Working In California

Under California Labor Code 2751 (amended in 2012), effective January 1, 2013, employers must provide all commissioned employees who render services in California with a written contract detailing the method by which the commission shall be computed and paid.  This law applies to all employers (both in-state and out-of-state) who pay commissions to employees working … Continue Reading

Ninth Circuit Rejects Employer’s Effort to Apply Another State’s Law to Treat California Workers as Independent Contractors

Tracking the trend of increased federal and state focus on the misclassification of workers, the U.S. Court of Appeals for the Ninth Circuit recently applied California law to hold that plaintiffs were entitled to a trial on the merits against their former employer for improperly classifying its California drivers as independent contractors, notwithstanding that the … Continue Reading
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