Accidental Pay Stub Violations Create PAGA Liability

California Labor Code §226 requires employers to provide employees with pay stubs (or wage statements) containing nine different pieces of information: — the employer’s name and legal address; — the employee’s name and employee identification number (or last 4 digits of the employee’s social security number); — the pay period, including the start date and end […]

CA Supreme Court — Employees Have Broad Discovery Rights in PAGA Actions

Yesterday, in a unanimous 7-0 opinion, the California Supreme Court held in Williams v. Marshalls of CA that plaintiffs suing employers in Private Attorneys General Act (PAGA) are entitled to broad discovery rights.  Specifically, the Court held that PAGA plaintiffs can force an employer-defendant to turn over the names and contact information of other current and former […]

CA Supreme Court Clarifies Employers’ “Day of Rest” Obligations

Yesterday, the California Supreme Court answered some admittedly “unsettled questions” under California law regarding an employer’s obligation to provide a day of rest to employees under California’s day of rest statutes (codified at Labor Code §550-558.1.  These statutes prohibit an employer from “caus[ing] his employees to work more than six days in seven” (§552), but do not […]

Federal Court Rules that Title VII Protects Gays and Lesbians from Workplace Discrimination

For the first time ever, a federal appellate court has ruled that sexual orientation discrimination is a form of sex discrimination that is illegal under Title VII of the Civil Rights Act of 1964.  The decision in Hively v. Ivy Tech Community College came from the full 7th Circuit Court of Appeals in a 8-3 vote. In […]

CA Supreme Court: Employees Must Be Relieved of All Duties During Rest Breaks

Yesterday, the California Supreme Court ruled in Augustus v. ABM Security Services, Inc. that employers must relieve employees of all work duties during their 10-minute rest breaks.  This landmark decision now means that employers must treat rest breaks and meal breaks the same — and that employers must relinquish all control over employees during both […]