We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading
Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. ___, 143 S. Ct. 677 (2023) Oil rig worker Michael Hewitt earned over $200,000 per year but did not receive overtime compensation. Hewitt was paid on a “daily-rate” basis, i.e., Hewitt’s biweekly paycheck was calculated based on a daily rate which was multiplied by the number … Continue Reading
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: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading
Espinoza v. Warehouse Demo Servs., Inc., 86 Cal. App. 5th 1184 (2022) Georgina Espinoza, an employee of Warehouse Demo Services (“Warehouse”), worked in a Costco and performed demonstrations of products. Warehouse did not lease the space, but instead collects floor space on behalf of the companies whose products are demonstrated and then remits payment on … Continue Reading
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. … Continue Reading
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 … Continue Reading
In recent years, countries such as Iceland and Belgium and some domestic companies have experimented with the concept of four-day workweeks. Now, a new bill proposed by California Assemblymembers Cristina Garcia (D-Bell Gardens) and Evan Low (D-San Jose), Assembly Bill 2932 (“AB 2932”), proposes to make a four-day workweek the new normal in California for … Continue Reading
We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading
Cirrincione v. American Scissor Lift, Inc., 73 Cal. App. 5th 619 (2022) Jason Cirrincione filed a putative class action lawsuit against his former employer for various wage and hour violations, including failure to pay overtime and minimum wages, meal and rest breaks, waiting time penalties, Cal. Labor Code § 2802, etc. These claims were predicated … Continue Reading
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: Ninth Circuit Resurrects California’s Anti-Arbitration Statute In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute Employee Can Proceed With … Continue Reading
Morales v. Factor Surfaces LLC, 2021 WL 4818687 (Cal. Ct. App. 2021) Byron Jerry Morales sued his former employer, Factor Surfaces LLC, and its managing agent for unpaid overtime wages, meal and rest break compensation, statutory penalties, and wrongful termination, among other things. After a bench trial, the court awarded Morales $99,394.16, including $42,792 in … Continue Reading
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 … Continue Reading
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 … Continue Reading
Hildebrandt v. Staples the Office Superstore, LLC, 58 Cal. App. 5th 128 (2020) Von Hildebrandt filed a putative class action against Staples asserting that he and other general managers of Staples had been misclassified as exempt from overtime and that, accordingly, they were owed compensation for unpaid overtime, missed rest and meal periods, inaccurate wage … Continue Reading
We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading
Scalia v. Employer Solutions Staffing Group, 2020 WL 992564 (9th Cir. 2020) Employer Solutions Staffing Group (“ESSG”) contracts with other companies to recruit employees and place them at jobsites for which ESSG provides administrative tasks such as payroll processing. ESSG conceded that it qualifies as an “employer” of the recruited employees under the Fair Labor … Continue Reading
Liday v. Sim, 40 Cal. App. 5th 359 (2019) Lea Liday sued her former employers for unpaid wages incurred from April 2010 until April 2014. Liday worked as the family’s live-in caretaker for their children and was paid a fixed salary of $3,000 per month. The trial court determined that Liday was a “personal attendant” … Continue Reading
We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading
Furry v. East Bay Pub’g, LLC, 30 Cal. App. 5th 1072 (2019) Terry Furry worked as a sales and marketing director for the East Bay Express (a weekly newspaper based in Oakland) and alleged that East Bay failed to pay minimum and overtime wages, meal and rest breaks, provide properly itemized wage statements, etc. Following … Continue Reading
Encino Motorcars, LLC v. Navarro, 584 U.S. ___, 138 S. Ct. 1134 (2018) An amendment to the Fair Labor Standards Act (“FLSA”) exempts from its overtime requirements “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.” The U.S. Department of Labor (“DOL”) subsequently issued an opinion letter and … Continue Reading
Alvarado v. Dart Container Corp. of Cal., 2018 WL 1146645 (Cal. S. Ct. 2018) Hector Alvarado, who worked as a warehouse associate for Dart, is a member of a putative class of employees who, in addition to their normal hourly wages, received a $15 per day attendance bonus if they were scheduled to work on … Continue Reading
Kizer v. Tristar Risk Mgmt., 13 Cal. App. 5th 830 (2017) Plaintiffs Valerie Kizer and Sharal Williams filed this putative class action, alleging their former employer had misclassified them and other similarly situated claims examiners as exempt from overtime. The trial court denied the class certification motion on the ground that plaintiffs had failed to … Continue Reading
McKeen-Chaplin v. Provident Sav. Bank, 2017 WL 2855084 (9th Cir. 2017) Mortgage underwriters at Provident Savings Bank review mortgage loan applications using guidelines established by Provident and investors in the secondary mortgage loan market, including Fannie Mae, Freddie Mac and the FHA. In this lawsuit for unpaid overtime arising under the federal Fair Labor Standards … Continue Reading
Kao v. Joy Holiday, 2017 WL 2590653 (Cal. Ct. App. 2017) Ming-Hsiang Kao was employed by Joy Holiday (a travel tour company) initially performing IT-related duties and then eventually as its office manager. While he was still in Taiwan, Kao worked with Jessy Lin (one of the owners of Joy Holiday) as a tour organizer. … Continue Reading
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