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 it owns.” In doing so, the Court found that there were triable issues of material fact whether the holding company that alleged it had no employees, The Ensign Group, Inc., was the plaintiff’s employer.
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
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 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
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,
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.,
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
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.
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
Are You Ready if The California State Minimum Wage Changes?
A bill regarding an increase in the California state minimum wage could become a reality in the near future. On Thursday, September 12, 2013, the California state Senate approved AB 10, sending legislation back to the Assembly for a final vote before it goes to Governor Jerry Brown. There is a good chance the
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