On May 30, the California Assembly passed AB 10, a bill that would increase California’s hourly minimum wage from $8 to $9.25 in three separate increments over the next three years. Thereafter, the bill would require the minimum wage to adjust annually for inflation. The bill passed 45-27 with a vote along party lines. Assemblyman… Continue Reading
Category Archives: Wage and Hour
Subscribe to Wage and Hour RSS FeedDid You Know…“Primary Purpose” Is The Appropriate Test To Determine Exemption Status Of An Employee
Posted in Wage and HourIn 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
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…New FMLA Regulations Are In Effect
Posted in Forms, Leave Laws, Wage and HourAs we recently reported to you at our 2013 Emerging Employment Law Seminar, the Department of Labor’s Wage and Hour Division issued a Final Rule which amends the Family and Medical Leave Act (“FMLA”). The Final Rule primarily impacts leave for military service members and became effective on March 8, 2013. A new poster was published in… Continue Reading
Did You Know…Class Certification Denied in Wang v. Chinese Daily News
Posted in Class Actions, Court Decisions, Wage and HourIn Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. Notably, the Ninth Circuit applied the 2011 United States Supreme Court decision in Dukes v. Wal-Mart and held that Wal-Mart‘s prohibition on “trial by… 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…Prevailing Parties in Meal or Rest Break Actions Are Not Entitled to Attorney Fees
Posted in Court Decisions, Wage and HourOn the heels of Brinker, the California Supreme Court ruled on April 30, 2012, in Kirby v. Immoos Fire Protection, Inc., that parties prevailing on a claim that Labor Code section 226.7 was violated are not entitled to attorney’s fees. Section 226.7, subdivision (a) prohibits employers from requiring employees to work during Industrial Welfare Commission (Wage… 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