On May 23, 2022, the California Supreme Court handed down its decision in Naranjo v. Spectrum Security Services. The decision discusses the penalties recoverable by employees for an employer’s alleged failure to pay meal and rest period premiums where a proper meal or rest period is not provided. The Naranjo Plaintiffs filed a putative class action lawsuit alleging that his employer failed to provide meal and rest periods or premium compensation in lieu thereof as required by California law. In addition to premium pay for meal and rest periods, Plaintiffs also brought derivative claims alleging failure to timely pay wages at termination and failure to provide accurate wage statements. Specifically, Plaintiffs argued that because meal and rest period premiums were not paid, they also were not timely paid all wages due at termination and their wage statements were invalid because they did not reflect the premiums that were not paid.Continue Reading California Supreme Court rules additional penalties may be recoverable for meal and rest period violations
Compensation
December 31, 2012 Deadline to Correct Certain Section 409A Payment Timing Errors
Our Executive Compensation & Employee Benefits colleagues John D. Martini, Jeffrey G. Aromatorio, Jenny C. Baker and Allison Sizemore wrote a client alert regarding the December 31, 2012 deadline for correcting certain errors in the written provisions of nonqualified deferred compensation arrangements that provide payments that are contingent on the recipient’s execution of a…
Certain Cancers Sustained by Firefighters now Covered Under Pennsylvania Workers’ Compensation Act
This post was also written by Bailey E. Axe and Joseph C. Rudolf.
Pennsylvania Gov. Tom Corbett signed House Bill No. 797 into law Thursday, July 7, amending the Workers’ Compensation Act (“WCA”) to include coverage to firefighters suffering from a cancer caused by exposure to certain known carcinogens. Notably, these new provisions allow…
Employee Fired For Cause Loses Workers’ Comp Benefits, Illinois Court Rules
Illinois employers need not pay certain workers’ compensation benefits to employees fired for cause, according to a recent state appellate court decision. Interstate Scaffolding, Inc. v. The Workers’ Compensation Commission, et al., 385 Ill. App. 3d. 1040, 896 N.E. 2d 1132 (3d Dist. 2008).
The case involved an employee injured while working, who then…
U.S. House Passes Pay Discrimination Legislation Supported by Obama; Senate Poised to Act
Just a few days after starting its new session, Congress has moved to substantially expand employees’ rights and remedies in pay discrimination cases. On Jan. 9, 2009, the U.S. House of Representatives passed the Lilly Ledbetter Fair Pay Act (H.R. 11) and the Paycheck Fairness Act (H.R. 12), largely along party lines, and then combined them into a single piece of legislation (H.R. 11). Identical bills have been introduced in the Senate, and a vote there is expected later this month. Taken together, the bills would make it easier for plaintiffs to establish pay discrimination, significantly expand the number and size of class actions in such cases, and expose employers to unlimited compensatory and punitive damages even if they never intended to discriminate. President-elect Obama supports the legislation.Continue Reading U.S. House Passes Pay Discrimination Legislation Supported by Obama; Senate Poised to Act