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Wage & Hour
Hasta La Vista, Baby to SB 1121
Thursday, 29 July 2010 17:13
Governor Schwarzenegger terminates SB 1121, the bill proposing overtime pay to agricultural workers after 8 hours in a day or 40 hours in a week. Currently, California is the only state to provide overtime for farm workers. SB 1121 attempted to change the state’s current overtime after 10 hours in a day or 60 hours in a week.
Employer Can’t Reimburse if They Don’t Know About the Charges
Thursday, 29 April 2010 11:51
In Stuart v. RadioShack Corp., the District Court for the Northern District of California held that before an employer’s duty to reimburse employees for expenses is triggered, it must either have known or have reason to know that the employee has incurred the expense.
Read more: Employer Can’t Reimburse if They Don’t Know About the Charges
What Can Brown Do For You? Not Give Employees Breaks and Meals.
In Marlo v. United Parcel Service, the court examined whether premium pay under Labor Code 226.7 must be paid for each work day that a meal or rest period was not provided or whether an employee can recover for more than one hour in premium pay if multiple meal and rest periods are missed.
Read more: What Can Brown Do For You? Not Give Employees Breaks and Meals.
CRLA Now Entitled to Request Attorneys’ Fees
Thursday, 01 April 2010 11:18
On 12/16/2009, President Obama signed the Consolidated Appropriations Act of 2010, which provided $30 million increased funding for the Legal Services Corporation (LSC), who funds the CRLA.
Payroll Card Accounts: The New Way to Pay?
Tuesday, 23 March 2010 08:00
A relatively new form of employee payment has emerged and it involves paying employees with payroll cards, which essentially function as an ATM where employers directly deposit money into an employee's account. These cards can then be used at any bank free of charge and allow employees to withdraw money.
California Labor Commissioner Debars Contractors for Prevailing Wage Violations
Tuesday, 16 March 2010 13:25
In its ongoing enforcement efforts of California's public works laws, the State Labor Commissioner's Office issued a press release on March 10, 2010, announcing that two Southern California contractors would be prohibited from bidding on or receiving any public works projects for three years beginning April 19, 2010.Read more: California Labor Commissioner Debars Contractors for Prevailing Wage Violations
This Restaurant Doesn't Serve Punitive Damages
Friday, 05 December 2008 08:32
According to Brewer v. Premier Golf Properties, punitive damages are not available for paystub, minimum wage or meal and rest period violations. Christine Brewer, a longtime waitress at the Cottonwood Golf Club restaurant, quit her job in 2005 and sued for a buffet of employment claims including meal and rest period violations, paystub and minimum wage penalties and age discrimination. Brewer lost on the age discrimination. However, the jury awarded Brewer $6,000 for unpaid meal and rest break violations (Lab. Code 226.7), $4,000 for “pay stub penalties” (Lab. Code 226), and $15,300 for “minimum wage” penalties (Lab. Code 1197.1). By the way, since the penalties were not enough, the jury also awarded Brewer $195,000 in punitive damages.
California Supreme Court Review of Brinker
Monday, 27 October 2008 12:32
On Wednesday, October 22, 2008, the California Supreme Court agreed to review Brinker v. Superior Court (2008)165 Cal. App. 4th 25, preventing employers from relying on the decision. The Brinker decision was a significant victory for management on wage and hour issues. Specifically, the Court found that:
