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
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023) The Labor Commissioner investigated alleged Labor Code violations at Nor-Cal Venture Group, Inc. and issued a wage citation for $900,000. The employer challenged the citation in an informal hearing and the Commissioner issued a subpoena to depose Nor-Cal’s person most knowledgeable. Nor-Cal … 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
Patel v. Chavez, 85 Cal. App. 5th 712 (2022) Manuel Chavez was employed as an on-site hotel property manager by DTWO & E, Inc. and Stuart Union, LLC from 2002 to 2016. Chavez alleged he was paid less than the minimum wage and that the employers committed wage theft. In 2017, the Labor Commissioner issued … Continue Reading
The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding principles: California employers must authorize and permit a net 10-minute paid rest period for every four hours worked (or major fraction thereof). To the extent practicable, … Continue Reading
This law expands the Labor Commissioner’s authority with regard to the enforcement of judgments. For example, the law authorizes the Labor Commissioner to issue a lien on an employer’s property for amounts owed to an employee, such as unpaid wages, and other compensation, penalties, and interest. The law also provides that an owner, director, officer … Continue Reading
This law authorizes the Labor Commissioner to investigate and enforce local overtime and minimum wage laws and to issue citations and penalties for violations, except when the local entity has already cited the employer for the same violation. The law also authorizes the Labor Commissioner to issue citations and penalties to employers that violate the … Continue Reading
California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media. Additionally, an employer may not require an employee or applicant … Continue Reading
Last week, we reported that the California Labor Commissioner issued a template “Notice to Employee” as required by the Wage Theft Prevention Act of 2011 (the “Act”), which went into effect January 1. The Act requires employers to furnish specified wage information to certain non-exempt employees at the time of their hire. As we also … Continue Reading
Please visit the update to this entry, available here. On the eve of the implementation of California’s Wage Theft Prevention Act of 2011, the California Labor Commissioner has made available to employers a template Notice (Word / pdf) that complies with the requirements of new Labor Code § 2810.5. Beginning January 1, 2012, Section 2810.5 requires employers … Continue Reading
Marathon Entm’t, Inc. v. Blasi, 42 Cal. 4th 974 (2008) Marathon Entertainment and Rosa Blasi entered into an oral contract by which Marathon would serve as Blasi’s personal manager in exchange for 15% of Blasi’s earnings from entertainment employment obtained during the course of the contract. Marathon sued Blasi after she reneged on her agreement … Continue Reading
Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007) Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award … Continue Reading
Lolley v. Campbell, 28 Cal. 4th 367 (2002) Chris Lolley filed a claim with the California Labor Commissioner to recover unpaid overtime wages and penalties. The Labor Commissioner awarded the employee $27,216, and the employer appealed to the superior court. At Lolley’s request, the Labor Commissioner determined that Lolley could not afford counsel and agreed … Continue Reading
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