Six cases that had been in grant and hold status with the California Supreme Court pending the decision in Brinker v. Superior Court were all transferred back to their respective
In the few weeks since the decision in Brinker v. Superior Court, two court decisions that we know of have invoked the elements of Brinker in their discussions. In the
In an opinion filed on April 30th, the California Supreme Court held that attorneys’ fees are not awarded to the winners in cases involving meal and rest period claims. In
In the recent case of Mayers v. Volt Management Corp, (PDF) the Court of Appeal upheld the lower court’s denial of the employer’s motion to compel arbitration. The employee
The DLSE has issued a template for use by employers in complying with the notice requirements of the Wage Theft Protection Act. As discussed in a previous blog post,
On the heels of another favorable appellate decision earlier this year, a recent Court of Appeal decision has held that employees are not entitled to reporting time pay when attending…
Continue Reading Favorable Ruling for Employers on Reporting Time Pay
The issue of providing protection for the unemployed from discrimination in hiring has been discussed by my colleagues on this blog previously. It continues to be discussed both in California and Washington D.C., and last week the U.S. Senate held a hearing on the barriers the jobless face in trying to become re-employed. Christine Owens from the National Employment Law Center testified that the principal reason for our current high unemployment is a lack of jobs. A real revelation, right? She also stated that while there is no data on how often it occurs, the next most important factor in continuing unemployment is discrimination against a person’s status as unemployed when employers make hiring decisions. Support for legislation making it illegal to discriminate in this manner was voiced by additional speakers and members of the committee. Several pieces of legislation have been introduced in Congress over the past six months, culminating in President Obama submitting to Congress in September a bill prohibiting discriminating in hiring based on a person’s status as unemployed. The bill also allows aggrieved individuals to file suit , provides for damages of up to $1,000 each day of a violation, and allows for recovery of attorney’s fees and costs.
Under the recently enacted AB 469, discussed on this blog previously, the Labor Commissioner must provide a template that employers can use in providing the required notice. The Labor Commissioner has recently
If you are an employer trying to follow all the rules, getting notice of a wage and hour complaint filed by one of your employees with the DLSE can be frustrating. However, good preparation and a solid set of employer policies will usually help you win the day. If you’re not familiar with the Department of Labor Standards Enforcement (DLSE), they are the state agency responsible for enforcing statutes related to wages, hours of work, working conditions and payment of overtime. Frequent wage-related complaints handled by the DLSE include nonpayment of wages at termination, underpayment of wages, nonpayment of overtime, and payments for missed meal and rest periods. Read on for some ways that employers have found to prepare them for a successful DLSE outcome.
The NLRB decision in August in the case of Specialty Healthcare and Rehabilitation Center of Mobile radically changed the course of unit clarification decisions in non-acute health care organizations. In their