Tag Archives: Minimum Wage

Ninth Circuit Dismisses California Wage Claims by Oil Rig Workers, Following High Court Ruling

The Ninth Circuit recently dismissed California minimum wage and overtime claims in a class action brought by drilling platform worker, Brian Newton, against his former employer, Parker Drilling, following the United States Supreme Court’s decision in Parker Drilling Mgmt. Servs. v. Newton, 139 S. Ct. 1881 (2019). In that case, the Supreme Court determined that … Continue Reading

Governor Brown Raises the Minimum Wage to $15.00 per Hour, Despite Strong Employer Opposition

California’s unfriendly business environment took another unprecedented step this week, with Governor Jerry Brown raising the minimum wage to $15.00 per hour by 2022.  Governor Brown signed SB 3 into law on April 4, 2016.  The new law annually increases the state minimum wage starting January 2017.  California’s minimum wage currently is $10.00 per hour.  … Continue Reading

Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws

California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016, although its provisions will not be implemented until July 1, 2016. The … Continue Reading

Sacramento Minimum Wage Increases

Anyone paying attention to national politics knows increasing the minimum wage is a hot topic  being debated by employee and business groups.  While the debate rages, the Sacramento City Council decided not to wait for the feds or the state to act, and recently voted 6-3 to increase the Sacramento city minimum wage, as follows:… Continue Reading

Oakland’s New Law Raises the City’s Minimum Wage, Provides for Paid Sick Leave, and Addresses Hospitality Services Charges

In November 2014, Oakland voters passed Measure FF, which went into effect on March 2, 2015, and made changes to the City’s minimum wage, paid sick leave laws and hospitality service charges. Minimum Wage Increase Effective March 2, 2015, the minimum wage in Oakland was raised from $9.00/hour to $12.25/hour for any employee who performs … Continue Reading

More California Wage Changes in the Works

Two Assembly Bills addressing employee wages in California recently were referred to legislative committees in late January and early February 2015.  Although early in the legislative process, both could have a palpable impact on employers doing business in California. Senate Bill 3 – Minimum Wages The first, Senate Bill (SB) 3, proposes to increase minimum … Continue Reading

California Court of Appeal Holds That A Holding Company With No Employees May Be Vicariously Liable For Alleged Wage and Hour Violations of a Subsidiary

While reversing summary judgment in favor of a holding company, in Castaneda v. The Ensign Group B249119 (Cal. Ct. App. Sep. 15, 2014), the California Court of Appeal held that a “corporation with no employees [that] exercises some control over [a] corporation with employees, [] may be the employer of the employees of the corporation … Continue Reading

Proposed Amendment to Labor Code: Three-Year Statute of Limitations on Liquidated Damages Claim for Failure to Pay Minimum Wage

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 … Continue Reading

Reminder to Employers: California State Minimum Wage Change is Effective July 1, 2014

Although many employers are aware of the upcoming change to the California state minimum wage, here is one last reminder. The California state minimum wage will increase to $9.00 an hour starting July 1, 2014 and up to $10.00 per hour by January 1, 2016. In July 2014, the minimum salary test for the Executive, Administrative, … Continue Reading

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., 135 Cal. App. … Continue Reading

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 staying … Continue Reading

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.… Continue Reading

Are you ready? Additional Issues if the California State Minimum Wage Changes, Part 2

If the California state minimum wage changes, are you ready?  Employers may need to review the salaries of certain exempt employees to ensure compliance with the minimum salary basis test under the Executive, Administrative, and Professional overtime exemptions. On September 16, 2013, AB 10, the California state minimum wage increase legislation,  was enrolled meaning it … Continue Reading

Don’t Forget the Salary Basis Test!

Most litigation over whether employees are classified properly as exempt from overtime turns on whether employees spend the majority of their work time performing exempt duties. However, employers should not forget the salary basis requirement. In Negri v. Koning & Associates, No. H037804 (Cal. Ct. App. May 16, 2013), the California Court of Appeal assumed … Continue Reading
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