Determining whether a California worker is an independent contractor or an employee has never been an exact science, with a lot riding on correct classification. But the California Supreme Court recently tried to simplify the issue by adopting a new “ABC” test for California, at least for claims under the IWC Wage Orders for minimum wage, overtime pay, and meal and rest period violations. Continue reading
Under California law, employees are entitled to rest breaks based on time worked. Here are five things every employer and employee should know about employee rest breaks. Continue reading
The number of federally filed wage and hour cases hit a new high in 2015, and, as Corporate Counsel reports, this trend is likely to continue in 2016. Similarly, California’s Division of Labor Standards Enforcement is increasingly cracking down on employer wage and hour law violations. As employment lawyers see wage and hour cases becoming an increasingly large part of their practices, others may be looking to get into the area. Here are some basics to know and tips for those who represent multistate employers. Continue reading
The following is a guest blog post by James C. Anderson of Triebsch & Frampton, PC in Turlock, California. Mr. Anderson practices in the areas of labor law, employment law for management, business transactions, and civil litigation.
Existing law left health care employers in the quagmire of a conflicting statute and wage orders when it came to employees’ meal period waivers on work shifts exceeding 12 hours in a workday. But Governor Brown has signed urgency legislation (SB 327) that clarifies the law and puts wage orders firmly in control. Continue reading
Volunteers and for-profit businesses shouldn’t be served together. That lesson has proved to be fatal for a small California winery. Continue reading
In the recently certified class action against Apple for wage and hour law violations, one of the plaintiffs’ allegations is that employees who quit or were dismissed weren’t given final paychecks in a timely manner as required by law. This is such an avoidable problem for employers! California has stringent requirements on the manner and time for payment of an employee’s final wages—all employers need to do is follow them.
Much of our economy today uses electronic technology, so it seemed inevitable that employers would look into electronic pay. Continue reading
The number of wage and hour suits is up again this year, and the recent increases appear here to stay. If your client’s efforts at compliance didn’t work and your client is facing a wage and hour suit, the best move may be to offer mediation.
Vegans and raw foodists in the Bay Area are losing a favorite restaurant, allegedly due to employee suits over tip pooling violations and other issues. When done correctly, tip pooling is a legal alternative to servers taking only the tips customers leave to them individually. But, as with many aspects of employment law, employers need to handle tip pooling well or risk a lawsuit. Continue reading