In Heyen v. Safeway, Inc., an action to recover unpaid overtime pay by a former assistant manager, the Court of Appeal affirmed the trial court’s award of overtime pay to Heyen, even though she was classified as an exempt employee while she was employed by Safeway. Heyen claimed that Safeway should have classified her as… Continue Reading
Tag Archives: wage and hour
Did You Know…Court of Appeal Applies Brinker To Reverse Denial of Class Certification
Posted in Wage and HourOn May 10, 2013, the California Court of Appeals in Faulkinbury v. Boyd & Associates reversed its denial of class certification as to meal period and rest period violations in light of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court. (Recall, Brinker granted class certification to determine the lawfulness of a uniform… Continue Reading
Did You Know…Class Action for Meal and Rest Break Violations Defeated – Legally Compliant Policies Are Key
Posted in Court Decisions, Wage and HourIn Flores v. Lamps Plus, Inc., the Court of Appeal affirmed the trial court’s denial of plaintiff’s motion for class certification based on Lamps Plus’s alleged failure to ensure that employees took their meal and rest breaks. Relying on Brinker, the Court held that “the employer is not obligated to police meal breaks and ensure… Continue Reading
Did You Know…Wage and Hour Class Actions Can Be Converted into Individual Arbitrations Which Can Significantly Reduce an Employer’s Exposure
Posted in Class Actions, Court Decisions, Wage and HourEmployers who have arbitration agreements may be able to convert putative wage and hour class actions into individual arbitrations, reducing their potential exposure from millions (or hundreds of millions) to thousands of dollars. In 2010, the Supreme Court held in Stolt–Nielsen S.A. v. Animal Feeds Int’l Corp. that if the parties to an arbitration agreement… Continue Reading
Did You Know…Labor Commissioner Updates California Wage Theft Act FAQs and Template
Posted in Wage and HourThe California Wage Theft Act (Act) (Lab. Code § 2810.5) requires employers to provide all new nonexempt hires with written notice of specific wage information including employee’s wage rates, the pay day schedule, and workers’ compensation coverage information. It also increases the penalties for nonpayment of all wages due, including overtime premiums and minimum wage… Continue Reading
Did You Know…The California Supreme Court Has Clarified Meal and Rest Period Obligations
Posted in Class Actions, Court Decisions, Wage and HourThe California Supreme Court finally issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. In a unanimous opinion, the Court held employers (1) need only provide meal and rest periods, not ensure nor police that they are taken, (2) are not required to provide a meal period every five hours (no rolling meal… Continue Reading