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California Workplace Law Blog

Tag Archives: Labor

California Governor Signs SB 435 Which Expands the One Hour Pay Penalty in Labor Code 226.7 to Missed “Recovery Periods”

Labor Code 226.7 provides that an employee should receive one hour of pay as a penalty for not receiving rest or meal periods in accordance with California law. Yesterday, Governor Brown signed into law SB 435 which expands the one hour of pay penalty to missed “recovery periods.”  The new law applies to any meal, rest… Continue Reading

A California Court of Appeal Permits Class Action Regarding Independent Contractor Status But Affirms Denial of Class Certification For Unpaid Overtime and Meal and Rest Period Violations

  A new case presents a mixed bag of results for California employers. As a general matter, California employers should be careful when classifying individuals as independent contractors, rather than employees. Reversing the denial of class certification in an action for various Labor Code violations, a California Court of Appeal held that whether newspaper delivery… Continue Reading

Court of Appeal Rules Independent Contractor Status Beyond the Scope of Poorly Drafted Arbitration Agreement

  Employers must carefully draft arbitration agreements and ensure the agreements are regularly updated for compliance with state and federal law. A California Court of Appeal held that owner-operator truck drivers were not required to arbitrate whether they were misclassified as independent contractors where the parties’ arbitration agreements applied to any dispute that arose “with… Continue Reading

DLSE Issues Labor Code 2810.5 Notice in 6 Languages

The California Division of Labor Standards Enforcement ("DLSE") has released the form notice that is compliant with the new California Wage Theft Prevention Act of 2011 in six (6)  languages. The notices are now available in: (1) English; (2) Vietnamese; (3) Chinese; (4) Korean; (5) Spanish; and, (6) Tagalog. Click here for the DLSE Notice to Employee in 6 languages… Continue Reading

California’s Long Arm of the Law: Ninth Circuit Follows California Supreme Court to Decide Oracle Case Against Employers Headquartered in California

         California-based employers who send workers from other states into California must pay the employees pursuant to California law, not the law of the state where the employees reside, according to the Ninth Circuit Court of Appeals in Sullivan v. Oracle Corp. 06-56649 (9th Cir. Dec. 13, 2011).  In Sullivan, Oracle hired “Instructors” to train… Continue Reading

Supreme Court to Hear Brinker Restaurant on Nov. 8 – Uncertainty on California Meal and Rest Breaks May Be Resolved by January 2012

  California’s Supreme Court will issue its long-awaited decision in its Brinker Restaurant Corporation meal and rest period case within the next four months. The Court will hold oral arguments in the case on November 8, according to an announcement the Court issued on October 4. The Court granted review in the case in October 2008. The… Continue Reading

California Appeals Court Rules Law School Graduate Who Was Not Yet Admitted To Bar Was Exempt “Learned Professional”

California courts continue to build on the Ninth Circuit’s recent decision regarding the California Learned Professional Exemption.  A California appellate court found a law clerk as exempt from state and federal overtime provisions who had not passed the California Bar Exam but graduated from law school.  Zelasko-Barrett v. Brayton-Purcell, LLP, 2011 Cal. App. LEXIS 1080 (Cal. App. 1st Dist…. Continue Reading

Updates From the Front Lines of California Class Action Litigation and Practical Lessons

An employer who is strategic and proactive in California wage and hour compliance can avoid hundreds of thousands of dollars in potential liabilities and defense costs. For example, there is significant litigation regarding employment applications in California especially the limitations regarding criminal convictions set forth at California Labor Code Section 432.7, et seq. and Section… Continue Reading