California Employment Law Update

Category Archives: Bonus Compensation

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September 2021 California Employment Law Notes

We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading

Section 998 Settlement Offer Violated Labor Code

Wasito v. Kazali, 2021 WL 3878379 (Cal. Ct. App. 2021) Subiono Wasito and Enny Soenjoto (plaintiffs) were employed as resident managers of a motel owned by the Kazali family. When the Kazalis closed the motel for renovations, plaintiffs were told their employment was being terminated. After plaintiffs demanded their unpaid wages, the Kazalis paid the … Continue Reading

DOL’s Interpretation Of Tip Credit Regulation Does Not Merit Judicial Deference

Marsh v. J. Alexander’s LLC, 869 F.3d 1108 (9th Cir. 2017) Alec Marsh, who worked as a server for J. Alexander’s, alleged violation of the Fair Labor Standards Act (“FLSA”) based upon the employer’s failure to pay him the federal minimum wage of $7.25 per hour. Marsh further alleged that he received more than $30 … Continue Reading

Employee Is Not Entitled To Attorney’s Fees For Breach Of Contract Claim

Shames v. Utility Consumers’ Action Network, 2017 WL 2807920 (Cal. Ct. App. 2017) Michael Shames filed this lawsuit against the Utility Consumers’ Action Network (“UCAN”), alleging various causes of action stemming from the termination of his employment. Although his amended complaint alleged UCAN’s breach of contract for its failure to pay him multiple bonus payments, … Continue Reading

Piece-Work-Based Pay Plan Violates FLSA

Brunozzi v. Cable Commc’ns, Inc., 851 F.3d 990 (9th Cir. 2017) Matteo Brunozzi and Casey McCormick worked as technicians for CCI installing cable television and internet services. They alleged that CCI’s compensation plan violates the overtime provisions of the Fair Labor Standards Act (“FLSA”) because the “production bonus” paid by CCI is designed to decrease … Continue Reading

Large Grocer May Have Made Unlawful Deductions From Employees’ Bonus Plan

Ralphs Grocery Co. v. Superior Court, 112 Cal. App. 4th 1090 (2003) David Swanson, a former store manager at a Ralphs grocery store, filed a class action against Ralphs for alleged violations of the California Labor Code and the Unfair Competition Law (Business and Professions Code Section 17200). Swanson alleged that Ralphs had violated the law by making … Continue Reading
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