We’ve seen the claim often in class action wage hour disputes over proper classification of workers: the plaintiff and those similarly situated could not have been exempt managers because the employer didn’t provide adequate staffing, and so plaintiff had to spend more of her time as a worker bee than as a manager because the
California District Court Holds that Federal Aviation Administration Authorization Act Preempts Drivers’ Minimum Wage Claims
J.B. Hunt Transportation, like many trucking companies, pays its drivers “a certain amount for every mile they drive, in addition to lump sums for every delivery they make.” Consequently, “drivers are not directly compensated for certain job-related activities, including loading and unloading freight, or waiting for a customer.” Relying on Armenta v. Osmose Inc.,
New Event: Wage and Hour Update: What You Need to Know Now to Avoid Claims in 2014 (San Francisco, Palo Alto and Walnut Creek)
Worried about potential wage and hour issues at your company? Do you stay awake at night wondering whether you’ve properly classified your independent contractors or whether your non-exempt employees are using their smartphones from home? Have no fear, as you will come away from this presentation with a better understanding of how to navigate the
Spanish-Speaking Employees and English Arbitration Agreements
On April 21, 2014, a California Appellate Court held that an arbitration agreement is unconscionable and an employer cannot compel arbitration when the employer failed to translate the entirety of an English-language employment agreement containing an arbitration agreement, confidentiality clause, and enforceability provision for its Spanish-speaking employees.
In Esteban H. Carmona et al. v. Lincoln
10 Rules of Startup Employment Labor Law
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
Proposed Amendment to Labor Code Section 226 Could Permit Employers to Recover Attorneys’ Fees
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,
Organ Donor’s Association-Disability Discrimination Claim Can Proceed, California Court Rules
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
Overtime Requirements in the Home
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
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,
On September 25th, CA Governor Will Sign AB 10 to Increase the CA State Minimum Wage
California Governor Brown has announced he will sign AB 10 tomorrow, in LA and Oakland, which will increase the CA state minimum wage effective July 1, 2014. See Brown’s statement: http://gov.ca.gov/news.php?id=18221. Since many employers are engaged in budgeting for 2014 and beyond, this new development should be factored into such plans.