San Francisco Minimum Wage Rate Increases to $10.74 in 2014

San Francisco Minimum Wage Rate Increases to $10.74 in 2014

Beginning January 1, 2014, all employers must pay to each employee who performs work in San Francisco (including temporary and part-time employees) wages not less than $10.74 per hour.

The increase is a continued effort of the legislative measure  passed by the San Francisco voters ten years ago.

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CA Supreme Court: FAA preempts California State-law Rule Categorically Prohibiting Waiver of a Berman hearing

CA Supreme Court: FAA preempts California State-law Rule Categorically Prohibiting Waiver of a Berman hearing

In Sonic-Calabasas A., Inc. v. Moren, 2013 Cal. LEXIS 8111 (Cal. Oct. 17, 2013) (“Sonic II”), in light of Concepcion, the Court overruled its previous contrary holding in Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (“Sonic I”) and held that the FAA preempts California state-law rule categorically prohibiting waiver of a Berman hearing.

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Employers May not Average Piece-Rate Compensation to Satisfy Requirements of Minimum Wage Laws

Employers May not Average Piece-Rate Compensation to Satisfy Requirements of Minimum Wage Laws

Question:

I work as an auto mechanic (or automotive service technician) at a local auto dealership in California. My compensation is based on a piece-rate system. In other words, I am paid at a “flag-hour” rate of $25 for specific automotive repair projects.  However, I do not receive any compensation for waiting time between the projects or other minor non-repair assignments.

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Beaumont-Jacques v. Farmers Group: District Manager was Properly Classified as an Independent Contractor

Beaumont-Jacques v. Farmers Group: District Manager was Properly Classified as an Independent Contractor

In the past, I have written a few posts about the dangers associated with misclassifying workers’ as independent contractors instead of employees. Misclassification usually exposes an employer to various types of liabilities, including claims for unpaid overtime, wrongful termination, unemployment benefits, and other California and federal employment law violations. In a typical misclassification case, employees are likely to contend that they were misclassified as independent contractors, and as a result, denied various benefits and protections under the Labor Code and/or Fair Standards Labor Act.  

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California Court of Appeal: Nighttime Hours and On-Call Time

California Court of Appeal: Nighttime Hours and On-Call Time

During the past few years, the issue of whether employees’ waiting or on-call time should be considered compensable hours has been the subject of much litigation in California and federal courts. The problem is especially important for employees who work in the security industry (e.g. security guards).

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Are Information Technology ("IT") Specialists Entitled to Overtime Pay?

Are Information Technology ("IT") Specialists Entitled to Overtime Pay?

Network operations engineers, information technology (“IT”) specialists, systems administrator/engineers, database administrators, network administrators, network analysts, desk support, regardless of titles given by employers, these employees are known to share  two things in common:  long working hours and high-risk overtime liability for employers.

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