16 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com show that the burden of granting an accommodation would result in “substantial increased costs” in relation to the conducts of its particular business (U.S. Supreme Court). (See § 6.1.) Security check time is compensable work hours. Time spent on employer premises waiting in a personal vehicle to scan an identification badge and have a security guard peer into a personal vehicle was held to be compensable as “hours worked” because employees were subject to employer control (California Supreme Court). (See § 7.3.2.) Private employers must provide necessary tools and equipment (or reimburse for them) when the government issues a “stay home” order. Employers may not avoid liability for providing tools and equipment (or reimbursing employees for those costs) even if the decision to work away from the office was at the direction of an outside entity, such as the government (California Court of Appeal). (See § 7.12.3.) “Final rate” is defined as the employee’s “final wage rate.” The term “final rate” used in California Labor Code section 227.3 refers to the terminated employee’s final “wage” rate, which includes shift differentials (Ninth Circuit). (See § 7.19.1.) Employee’s unused vested vacation pay accrues upon termination of employment. Employees who were subject to a “furlough” during the COVID-19 pandemic were discharged within the meaning of California Labor Code section 201, thereby triggering the requirement that they be immediately paid for accrued unused vacation time, because there was no specific return date within the normal pay period (Ninth Circuit). (See § 7.19.7.) Non-employee household members may sue for Covid-19 exposure. Although employers have no duty of care under California tort law to prevent the spread of Covid-19 to the household members of employees, household member’s claims are not barred by the exclusive remedy doctrine (California Supreme Court). (See § 17.10.) Some Judicial Developments Provide Glimmers of Hope “Waiting time” penalties are warranted only for “willful” employer conduct. California Labor Code sections 203 and 226 penalties are not warranted where the employer’s violations are not “willful.” A good faith dispute regarding whether premium pay constituted “wages” that must be reported on wage statements precludes a finding of intent as required for penalties (Court of Appeal). (See § 7.5.3.) Plaintiffs must demonstrate that suitable seating for position exists to defeat summary judgment. Summary judgment was affirmed in favor of the employer, based on a finding that the plaintiff’s position working the drive-thru and cash register precluded the existence of a suitable seat (Court of Appeal). (See § 7.11.3.) It is uncertain whether, and when, public employers must reimburse employees for business expenses. A university was not required to reimburse a professor for remote teaching expenses, because applying Labor Code section 2802 would “infringe upon its sovereign governmental powers.” However, the decision was limited to the facts of the case and does not create a bright-line rule (Court of Appeal). (See § 7.13.1.) City ordinance requiring airlines who use SFO Airport to provide health benefits for employees does not evade preemption. A City acted as a government regulator rather than a market participant in issuing its ordinance requiring health benefits coverage, and therefore the ordinance could be preempted by federal law. Consequently, the trade association’s challenge to the ordinance was allowed proceed (Ninth Circuit). (See § 8.10.) Rideshare companies may classify drivers as independent contractors. Although initially deemed unconstitutional, Proposition 22 allows rideshare and delivery network companies to treat their drivers as independent contractors provided they comply with the legislation’s protections, such as 120% of minimum wage for “engaged time” (while drivers are actively transporting riders or making deliveries), and some expense reimbursement (Court of Appeal). (See § 19.7.)
RkJQdWJsaXNoZXIy OTkwMTQ4