Minnick v. Automotive Creations, Inc., 13 Cal. App. 5th 1000 (2017)
Nathan Minnick, who had worked for only six months before his employment ended, sued his former joint employers under PAGA, alleging their vacation policy violated state law because it required employees who worked for less than one year to forfeit their vested vacation pay. The trial court sustained the employers’ demurrer and dismissed the…
The City of San Francisco recently published new FAQs addressing provisions of its Paid Parental Leave Ordinance (the “Ordinance”). The Ordinance, which went into effect on January 1, 2017 for employers with 50 or more employees, will begin to apply to employers with 35 or more and 20 or more employees on July 1, 2017 and January 1, 2018, respectively. It provides supplemental…
The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in addition to the other six new laws that we reported on in September:
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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 amount of Annual Leave that accrues depends on…
Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012)
Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of $500 of vacation pay per week, which was later…
Europeans who happen to get sick while on vacation now have the right to take more vacation to make up for the period of illness. The Court of Justice of the European Union ruled last week that workers who get sick while away on their annual guaranteed four-week vacation must be given additional vacation time so that they may fully enjoy their time off, which…
California employers should take heed of yet another reminder about the need to carefully craft and administer employee leave and benefits programs such as a paid vacation policy.
Owen v. Macy’s, Inc., 175 Cal. App. 4th 462 (2009)
Lisa Owen worked as a sales associate at Robinsons-May until it was acquired by Macy’s in August 2005. In January 2006, employees at the Arcadia store where Owen worked were informed that the store would close by April. After the store closed on March 18, 2006, Owen received her final pay, which included no…
Bell v. Superior Court, 158 Cal. App. 4th 147 (2007)
Four employees of H.F. Cox Inc. d/b/a Cox Petroleum Transport filed this wage and hour class action challenging their employer’s failure to pay overtime; its requirement of off-the-clock work; its failure to provide meal and rest periods; its incorrect calculation of vacation pay; and its failure to pay pro rata vacation pay upon termination.…
Los Angeles County Professional Peace Officers’ Ass’n v. County of Los Angeles, 115 Cal. App. 4th 866 (2004)
William Kupper and Bennie Layne worked as investigators for the Los Angeles County District Attorney’s Office before becoming temporarily disabled after being injured on the job. Kupper and Layne both retired after their disabilities became permanent. Under the applicable County ordinances, DA investigators could accumulate up…
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