Karen Hartstein represents a certified class of former Hyatt employees who were laid off after the onset of the COVID-19 pandemic in March 2020. The class alleged that Hyatt violated California law by failing to pay them immediately for their accrued vacation time and by failing to compensate them for the value of the
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023)
Stephen Lemm, a route sales manager, brought a PAGA action against his employer, Ecolab, Inc., alleging that Ecolab improperly calculated nondiscretionary bonuses. Pursuant to Ecolab’s incentive plan, an employee could receive a higher monthly bonus based on performance as a percent of gross wages. For the purpose of calculating the bonus, gross wages
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the employee’s total weekly remuneration (except for a handful of categories that are specifically excluded, such as gifts and payments for non-working hours) by the total number of hours actually
We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Missakian v. Amusement Indus., Inc., 69 Cal. App. 5th 630 (2021)
Former in-house counsel Craig Missakian sued his former employer, Amusement Industry, Inc., based on an alleged oral promise to pay him a bonus and a share of recovery from real estate litigation that was pending in New York, which ultimately settled for $26 million. At trial, the jury found that Amusement had
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:
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 unpaid salaries, but not the annual bonuses, despite conceding they
Huhmann v. Federal Express Corp., 874 F.3d 1102 (9th Cir. 2017)
Dale Huhmann alleged that when he returned from serving in the United States Air Force, he was paid a signing bonus of $7,400 instead of the $17,700 bonus that he would have received had he not served. In a bench trial, the district court ruled in Huhmann’s favor, and the Ninth Circuit affirmed.
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 per month in tips and that J. Alexander’s took