Labor Code

Subscribe to Labor Code via RSS

On August 19, 2014, a California Court of Appeal held that the requirements of Labor Code sections 202 and 203 apply not only to employees who quit, but also to employees who retire.  In McLean v. State of California et al., No. C074515 (Cal. Aug. 19, 2014), the plaintiff filed a putative class action lawsuit on behalf of all employees employed by the State of California who retired from their employment between November 2010 and March 2011, who did not receive prompt payment of wages as required by Labor Code section 202.  Among other things, the putative class sought waiting time penalties under Labor Code section 203.  At the trial level, the defendants’ demurrer was sustained without leave to amend because the plain text of Labor Code section 202 requires prompt payment of wages owed only for employees who “quit his or her employment.”  Because the putative class sought penalties for retired employees, the trial court determined that the employer could not have violated Labor Code section 202.  Nevertheless, the Court of Appeal reversed and found that the term “quit” in Labor Code section 202 also encompasses retired employees.
Continue Reading California Court of Appeal Holds That Retired Employees Can Also Subject Employers to Waiting Time Penalties

The California Legislature has returned from its summer recess, with a fairly large number of employment bills to consider before the August 31st deadline.  Although the majority of bills introduced in 2014 remain pending, the Legislature hit the ground running passing several bills on to California Governor Jerry Brown who has either vetoed or signed them into law.
Continue Reading Labor Code Sections 203 and 1190.2 Amended

Last week, California’s legislature submitted a bill for the Governor’s approval, Assembly Bill 2074, which would amend Labor Code section 1194.2 dealing with the provision of liquidated damages arising out of an employer’s failure to pay minimum wage.

Employees who believe their employer did not pay them all of their wages may bring a civil lawsuit seeking several forms of damages, including liquidated damages for failing to pay minimum wage.  Liquidated damages under Labor Code section 1194.2(a) are comprised of “an amount equal to the wages unlawfully unpaid and interest thereon” (i.e., on top of the unpaid wages and penalties, employees may obtain another set of damages equivalent to the unpaid wages plus interest).Continue Reading Proposed Amendment to Labor Code: Three-Year Statute of Limitations on Liquidated Damages Claim for Failure to Pay Minimum Wage

New law SB 1360 has clarified that recovery periods, like rest periods, are paid time. This is a significant clarification of the law since there was an ambiguity in the past whether recovery periods were to be treated as paid time or unpaid time. Until now, the situation was unclear as recovery periods were mandated by California Occupational Safety and Health (Cal-OSHA) regulations, not the California Labor Code.
Continue Reading Recovery Periods, Like Rest Periods, are Compensable Time

Originally posted by SmartRecruiters Blog, the leading source for how to hire on the web. To view the original post, please click here.

So you’re a startup. You’ve decided to take your world-changing idea and move it out of your dorm room/garage/favorite-table-at-Starbucks and start a legitimate business. So what next?

If you plan on

…

California Labor Code section 226 requires employers to provide accurate wage statements, and enumerates specific requirements for such wage statements.  The statute also provides for penalties should an employer violate section 226, and allows a prevailing employee to recover attorneys’ fees in connection with prosecuting claims for alleged wage statement violations.

On May 6, 2014,…

Timing is not everything. In Rope v. Auto-Chlor of Washington System of Washington, Inc., the employer fired an employee for purported performance reasons on December 30, 2010 – two days before California’s Michelle Malkin Donor Protection Act became effective.   The timing was significant because when the employee was hired in October of 2010, he…

On October 10, 2013, California Gov. Jerry Brown signed a bill, A.B. 556, to add “military and veteran status” to the list of categories protected from employment discrimination under the California Fair Employment and Housing Act (“FEHA”).

When this bill becomes operative on January 1, 2014, the FEHA will prohibit harassment and discrimination in…

On September 26, 2013, California Gov. Jerry Brown signed a bill, A.B. 241, to give overtime pay to domestic workers such as caregivers, childcare providers, and housekeepers who work in private homes.

The bill enacts California Labor Code Sections 1450-1454 and will take effect on January 1, 2014. Under the new sections, domestic employees…

Labor Code section 432.7 prohibits employers from considering, or asking applicants about, information concerning: (1) arrests or detentions not leading to conviction or (2) referral to, or participation in, a pretrial or post-trial diversion programs.  Newly passed SB 530 adds to these restrictions, amending section 432.7 to prohibit employers from asking job applicants about criminal …