The California Division of Labor Standards Enforcement (DLSE) issued minimum wage citations to farm labor employers pursuant to Cal. Lab. Code § 1197.1 despite the fact that it was undisputed that the employers paid all of the employees at least the minimum wage by payday. The DLSE
January 2021 California Employment Law Notes
We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim
- Laid-Off Employee Was Not Discriminated Against On The Basis Of Age
- Court Reverses $2.9 Million Jury Verdict For Failure To
Court Properly Denied Certification Of Call Center Workers’ Class Action
Castillo v. Bank of Am., 980 F.3d 723 (9th Cir. 2020)
Cindy R. Castillo filed this putative class action in which she alleged that more than 5,000 similarly-situated call center employees had not been paid minimum wages or overtime pay and that they had been deprived of a second meal period. The district court denied Castillo’s motion for class certification of the overtime claim based
Property Inspectors’ Putative Class Action Was Properly Denied Certification
McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018)
Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that plaintiffs’ proposed class action would not be superior to
Multiple Minimum Wage Increases and Salary-Related Ordinances Scheduled to Take Effect on July 1, 2018
In the immortal words of Mao Zedong: “Let a hundred flowers blossom!”
Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws. Not surprisingly, no one in Sacramento seems at all concerned about the administrative burden to California employers in having to monitor and comply with so many different rules.
For those of you keeping track
California Labor Commissioner Issues $500,000 Citation Against Los Angeles Restaurant For Labor Code Violations
The California Labor Commissioner issued a press release this week announcing a $500,000 citation against Los Angeles restaurant Shrimp Lovers, arising from wage theft allegations made against the restaurant by employees who claimed they were paid far below the minimum wage. Although relatively rare, the Labor Commissioner does occasionally bring charges against California employers for these and other types of violations. Over the entire course
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 per month in tips and that J. Alexander’s took
California Statute Targeting Three Specific Employers Opposed By A Union May Violate Equal Protection
Fowler Packing Co. v. Lanier, 2016 WL 7321371 (9th Cir. 2016)
In 2015, the California legislature passed Assembly Bill 1513 in response to two state appellate court decisions that exposed employers to significant and unexpected minimum wage liability for piece-rate workers. The statute created a “safe harbor” that gave employers an affirmative defense against the new claims so long as the employer made back
Bond Required To Challenge Labor Commissioner Rulings
An employer seeking a writ of mandate contesting the Labor Commissioner’s ruling regarding the failure to pay minimum wage must post a bond with the Labor Commissioner in an amount equal to the unpaid wages assessed under the citation, excluding penalties. The bond must be issued in favor of the unpaid employee, and the proceeds of the bond, sufficient to cover the amount owed, would
Minimum Wage Increases
As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022. Smaller businesses (with 25 or fewer employees) will be required to pay the higher rates starting in 2018. Future increases in the minimum wage will be automatically linked to increases in the consumer price index. (