On March 10, 2023, financial markets were rocked by uncertainty over the future of certain significant financial institutions. Among other concerns, bank failures raise the prospect of temporary or long-term cash flow problems for account holders, as deposits totaling more than $250,000 exceed the amount covered by the Federal Deposit Insurance Corporation. Often, companies’ largest … 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
Brubaker v. Strum, 2023 WL 179541 (Cal. Ct. App. 2023) The family court ordered the employed former husband in this case to pay his former wife monthly child and spousal support payments; the husband’s employer was ordered to withhold the total amount of support payments from the husband’s paychecks and to forward those amounts to … Continue Reading
Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the minimum annual salary requirement for overtime exempt employees. Increase and Consolidation of the California Minimum Wage Previously, the State … Continue Reading
As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”). … Continue Reading
Pablo Neruda once said “you can cut all the flowers but you cannot keep spring from coming.” Likewise, California businesses’ protests against oppressive employment legislation don’t seem to stem the tide of the Legislature’s latest batch of anti-employer bills. The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills … 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
Rojas-Cifuentes v. Superior Court, 2020 WL 7488653 (Cal. Ct. App. 2020) Miguel Angel Rojas-Cifuentes filed a Private Attorneys General Act (PAGA) claim against his former employer, American Modular Systems, Inc. (AMS), in which he alleged violations of the law that requires employers to keep accurate time and payroll records and to compensate employees “for substantial … 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
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) In this opinion, the California Supreme Court answered a question certified to it by the United States Court of Appeals for the Ninth Circuit: “Is time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology … Continue Reading
Skillin v. Rady Children’s Hosp. of San Diego, 2017 WL 6029754 (Cal. Ct. App. 2017) David Skillin brought a Private Attorneys General Act lawsuit against his former employer, Rady Children’s Hospital of San Diego, based upon allegedly unauthorized payroll deductions that the hospital made from his wages, resulting in higher than desired contributions to his … Continue Reading
Williams v. Superior Court, 3 Cal. 5th 531 (2017) Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide its … Continue Reading
Goonewardene v. ADP, LLC, 5 Cal. App. 5th 154 (2016) In her fifth amended complaint, Sharmalene Goonewardene alleged claims against her former employer (ADP) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and the … Continue Reading
Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016) Call center employees of Time Warner Entertainment-Advance/Newhouse Partnership (“TWEAN”) alleged that their employer’s compensation policy of rounding all employee time stamps to the nearest quarter hour deprived them of earned overtime. The lead plaintiff also claimed he was not compensated for one minute … Continue Reading
Rhea v. General Atomics, 227 Cal. App. 4th 1560 (2014) Lori Rhea is an exempt employee of General Atomics who receives a salary and accrues comprehensive annual leave (“Annual Leave”) that can be used by employees to take paid time off for any reason, including vacation, sickness, medical appointments, family obligations and leisure pursuits. The … Continue Reading
California Governor Jerry Brown has until September 30th to sign or veto A.B. 1522, a recently passed bill that would require businesses employing at least one person in California to provide employees with paid sick leave and to comply with new recordkeeping and informational requirements. If signed by the governor, the bill will become effective … Continue Reading
Aleksick v. 7-Eleven, Inc., 205 Cal. App. 4th 1176 (2012) Kimberly Aleksick, who worked as a clerk at a 7-Eleven store, sued 7-Eleven (the franchisor of the store where Aleksick was employed) for violation of the Unfair Competition Law (“UCL”). Aleksick alleged that 7-Eleven, which provides payroll services to its franchisees, violated the UCL by … Continue Reading
On November 18, the California Supreme Court in Pineda v. Bank of America, No. S170758 (Cal. Nov. 18, 2010) (pdf) clarified two issues regarding so-called “waiting time penalties” (i.e., penalties under California Labor Code Section 203 associated with the late payment of final wages upon termination of employment). First, the Court ruled that a three-year statute … Continue Reading
Recent changes in the legal and economic landscape have significantly heightened the risk that employers’ compensation systems will come under attack. Congress has passed the Lilly Ledbetter Fair Pay Act (“Ledbetter”), which effectively waives the statute of limitations for compensation discrimination claims under the majority of federal employment statutes. The law increases a plaintiff’s ability … Continue Reading
In an opinion letter issued on November 25, 2008, the DLSE determined that an employer may make deductions from wages to reflect predictable and expected wage overpayments made in the immediately prior paycheck so long as the employer has obtained the employee’s voluntary, written authorization to do so. See http://www.dir.ca.gov/dlse/OpinionLetters-byDate.htm.… Continue Reading
Brewer v. Premier Golf Properties, LP, 168 Cal. App. 4th 1243 (2008) Christine Brewer, a waitress who had been employed at the Cottonwood Golf Club, quit her job and filed a complaint seeking damages for various alleged violations of the California Labor Code. After a jury trial, Brewer was awarded less than $1,000 for unpaid … Continue Reading
Brinkley v. Public Storage, Inc., 167 Cal. App. 4th 1278 (2008) Fred Brinkley, a property manager for Public Storage, asserted class action and individual claims for violations of Labor Code § 226 (requiring accuracy of paystubs) and § 226.7 (meal and rest period requirements). The trial court granted summary adjudication in favor of the employer … Continue Reading
United States v. Easterday, 539 F.3d 1176 (9th Cir. 2008) Jack Easterday operated a chain of nursing homes. Between 1998 and 2005, the payroll taxes for his company and its subsidiaries were approximately $45 million of which only $26 million was paid to the IRS. In his criminal trial for failure to pay over payroll taxes, … Continue Reading
Miller v. Yokohama Tire Corp., 358 F.3d 616 (9th Cir. 2004) Christopher Miller, who worked for Yokohama Tire Corporation for 11 years before his termination, alleged that he was denied overtime pay as a result of a “fraudulent scheme” on the part of his employer. Miller further alleged that Yokohama mailed him and other improperly … Continue Reading
This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.
