California Employment Law Update

Tag Archives: DOL

Employer Permitted To Proceed With Defense Of Class Action Based On “Rounding” Policy

See’s Candy Shops, Inc. v. Superior Court, 2012 WL 5305729 (Cal. Ct. App. 2012) Pamela Silva sued her former employer, See’s Candy, for various wage-and-hour violations. After certifying a class of current and former California employees, the trial court granted Silva’s motion for summary adjudication on four of See’s Candy’s affirmative defenses. In a writ … Continue Reading

New Government-Created SmartPhone “App” Now Available For Use As “iEvidence” To Assist Employees In Wage Disputes

As the federal government wades deeper into the realm of mobile "apps" (among the most useful, of course, the Smithsonian Institution’s “MEanderthal” app, which enables users to morph personal photos into prehistoric images of themselves), various U.S. agencies are promoting new apps that allow the public to access official information from “the palm of [one’s] … Continue Reading

Jury Should Have Been Instructed That Employer Had Burden Of Proof On FMLA Reinstatement Claim

Sanders v. City of Newport, 657 F.3d 772 (2011) Diane Sanders, a utility billing clerk for the City of Newport, Oregon, began suffering health problems, which (according to her doctor) were due to “multiple chemical sensitivity” triggered by handling low-grade paper at work and poor air quality in her work area. Sanders took an FMLA … Continue Reading

Retroactive Overtime for Misclassified Salaried Employees: The DOL Supports the Fluctuating Workweek’s Half-Time Methodology

The U.S. Department of Labor’s (the “DOL”) Wage and Hour Division recently issued a Wage and Hour Opinion Letter, FLSA 2009-3, addressing how a company can compute overtime payments retroactively for salaried employees it had mistakenly classified as exempt (not overtime-eligible) under the Fair Labor Standards Act (“FLSA” or the “Act”). The DOL reiterated its … Continue Reading
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