- Written by Carl Larson
The long-awaited amendments to the paid sick leave (“PSL”) law have arrived. They make a good number of clarifications, change calculations of sick pay, provide a grandfather clause for pre-existing PTO plans, and lays out how it affects certain state employees. Although the amendments still do not explain how the “24 hours or 3 days of sick leave” translates for employees working 10 hour regular shifts, it is a welcome change from the previous version of the law.
A breakdown of the changes is as follows:
The Saqui Law Group Wins Big on Motion to Strike Class Allegations Relating to Nonproductive Time in the Agriculture Industry
- Written by Susannah L. Ashton
On July 7, 2015, the Honorable Susan L. Matcham of Monterey County Superior Court issued a ruling dismissing all allegations of minimum wage and nonproductive time (“NPT”) violations of a putative class of agricultural workers in the Salinas Valley.
The Court ruled that a comparative method of compensation, whereby employees receive the greater of either the piece rate or a base hourly rate that exceeds the minimum wage, is lawful and allows for NPT to be separately calculated and compensated, which is compliant with California law. Any deviation from this lawful policy necessarily requires individual inquiries, and therefore class allegations are not appropriate. Specifically, the Court found:
“[Defendant], however, has provided evidence establishing that its compensation formula does not, in fact, utilize an unlawful averaging method. The compensation formula does not involve averaging at all. Rather, piece-rate employees are paid either (1) the piece-rate set by [Defendant], or (2) a base hourly rate, whichever is greater. The base hourly rate is always at minimum wage or above. Additionally, NPT is calculated and paid separately according to the employee’s base rate. Accordingly, because [Defendant] uses a comparative method of compensation, rather than an average, and NPT is separately calculated and compensated, [Defendant]’s policy appears to comply with applicable California law.”