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
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
On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by California voters. Previously, on December 30, 2022, the court had issued a temporary restraining order against the … Continue Reading
California’s minimum wage currently is double its federal counterpart. And, it’s going to keep climbing. Late last week, Gov. Newsom announced that the Golden State’s minimum wage will increase to $15.50 for all employers (regardless of size), effective January 1, 2023. Employers have inflation to thank for this latest hike. California currently mandates a minimum wage … 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
Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018) The employees in this case (belt sorters who worked at two publicly owned and operated recycling facilities under contracts with Los Angeles County Sanitation Districts) alleged the employers’ failure to pay the prevailing wage and to provide full 30-minute meal periods. The … Continue Reading
McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018) Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that … Continue Reading
We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading
Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018) Plaintiffs in this certified wage and hour class action contend that Certified Tire violated applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage but … Continue Reading
Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018) Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure … Continue Reading
In the immortal words of Mao Zedong: “Let a hundred flowers blossom!” Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws. Not surprisingly, no one in Sacramento seems at all concerned about the administrative burden to California employers in having to monitor and comply with so … Continue Reading
Voters in San Diego have approved an ordinance that would immediately raise the city’s minimum wage to $10.50 per hour (up from the current $10 per hour) and boost the wage again in January 2017 to $11.50 per hour. Increases consistent with the consumer price index would begin on January 1, 2019 and continue annually … Continue Reading
This law requires employers to pay piece-rate employees for rest and recovery periods and “other nonproductive time” at or above specified minimum hourly rates, separately from any piece-rate compensation. It also defines “other nonproductive time” as time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity … Continue Reading
The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly Workplace Mandates.” Chamber President and CEO Allan Zaremberg cautioned against “increase[d] uncertainty for employers and investors and . . . higher … Continue Reading
Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (2011) Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of … Continue Reading
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