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
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
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
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
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
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
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. (
Ramos v. Garcia, 2016 WL 3537366 (Cal. Ct. App. 2016)
Rogelio Ramos sued his former employers for unpaid overtime, minimum wages and other compensation and obtained some of the monetary recovery he requested. Ramos also sued Manuel Garcia (Ramos’s former manager) under the same theories and lost on the ground that Garcia was a co-employee and not the owner/employer; the trial court awarded Garcia
Voters in San Diego have approved an ordinance that would immediately raise the city’s minimum wage to $10.50 per hour (up from the current $10 per hour) and boost the wage again in January 2017 to $11.50 per hour. Increases consistent with the consumer price index would begin on January 1, 2019 and continue annually thereafter. The increase is currently slated to take effect immediately
On April 4, 2016, Governor Brown signed Senate Bill 3, which will increase California’s minimum wage annually, reaching $15 per hour for employers with at least 26 employees by January 1, 2022. This bill enacts the highest statewide minimum wage in the nation, on par with New York, which enacted a bill mandating a $15 minimum wage last week.
Governor Brown opposed the bill