Assembly Bill No. 2103 Outlaws Employment Agreements with Non-exempt Employees for a Salary that Includes Both Regular and Overtime Hours.

Posted

October 1, 2012

Assembly Bill No. 2103 Outlaws Employment Agreements with Non-exempt Employees for a Salary that Includes Both Regular and Overtime Hours.

On September 30, 2012, the California Governor Jerry Brown signed a bill that amended Section 515 of the Labor Code. The bill did two things: first, it outlawed any agreement under which the employer sets a fix salary for non-exempt employees to compensate for both regular and overtime hours, and, second, it overruled a controversial decision Arechiga v. Dolores Press, Inc., 192 Cal. App. 4th 567 (Cal. App. 2d Dist. 2011).

California Court Of Appeal Rules on Split-Shift Premiums, Reporting Time Pay and Attorney’s Fees

Posted

September 25, 2012

California Court Of Appeal Rules on Split-Shift Premiums, Reporting Time Pay and Attorney’s Fees

In its recent opinion Aleman (Michael) v. Airtouch Cellular, (Cal. 2012), (Cal. 2012), the California Court of Appeals examined the application of two important provisions from the Industrial Welfare Commission‘s Wage Order No. 4-2001 (Cal. Code Regs., tit. 8, § 11040): (1) reporting time compensation and (2) split shift premiums.

Both the Temporary Staffing Agency and Client-Employer May be Held Liable for Wages Owed to Temporary Workers.

Posted

September 16, 2012

Both the Temporary Staffing Agency and Client-Employer May be Held Liable for Wages Owed to Temporary Workers.

In the past few years, it has become a common practice among many California companies to use temporary staffing agencies (or recruiters) to fill in various employment positions. The benefits of having temporary employees are great: no payroll expenses, reduced labor cost, no training necessary, flexible schedule, no overtime, etc.

The Top Four Reasons Why Employers Should Keep Employment Records

Posted

August 22, 2012

The Top Four Reasons Why Employers Should Keep Employment Records

If I were to give a single legal advice to any employer who wants to comply with wage-and-hour laws, it would be: “Keep accurate employment records for all workers!” During the last few years, California employers have witnessed a drastic increase in wage-and-hour litigation.

$90-Million Judgment Against Employer For Failure to Provide Uninterrupted Breaks

Posted

July 21, 2012

$90-Million Judgment Against Employer For Failure to Provide Uninterrupted Breaks

After the California Supreme Court held in Brinker that the employers are “not obligated to police meal breaks and ensure that no work is performed” during breaks, many California employers felt relieved, anticipating meal and rest break litigation to slow down.

The Ninth Circuit’s Guidelines on California’s Administrative Exemption for IT Professionals.

Posted

June 29, 2012

The Ninth Circuit’s Guidelines on California’s Administrative Exemption for IT Professionals.

Classifying computer professionals for purposes of overtime exemption can be a daunting task even for the most experience employment law attorneys. This task requires a thorough understanding of a complex interplay of Federal and California law, comprehensive knowledge

Hoover v. Am. Income Life Ins.: State Statutory Wage and Hour Claims are not Subject to Arbitration.

Posted

June 17, 2012

Hoover v. Am. Income Life Ins.: State Statutory Wage and Hour Claims are not Subject to Arbitration.

Last week, we discussed how in Iskanian, the Court of Appeal (Second Appellate District, Division Two) held that the arbitration agreement could not be found unconscionable under Code Civ. Proc., § 1281, based on interference with the ability to vindicate statutory rights.

Assembly Bill No. 2103 Outlaws Employment Agreements with Non-exempt Employees for a Salary that Includes Both Regular and Overtime Hours.

California Court Of Appeal Rules on Split-Shift Premiums, Reporting Time Pay and Attorney’s Fees

Both the Temporary Staffing Agency and Client-Employer May be Held Liable for Wages Owed to Temporary Workers.

The Top Four Reasons Why Employers Should Keep Employment Records

$90-Million Judgment Against Employer For Failure to Provide Uninterrupted Breaks

The Ninth Circuit’s Guidelines on California’s Administrative Exemption for IT Professionals.

Hoover v. Am. Income Life Ins.: State Statutory Wage and Hour Claims are not Subject to Arbitration.

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Assembly Bill No. 2103 Outlaws Employment Agreements with Non-exempt Employees for a Salary that Includes Both Regular and Overtime Hours.

California Court Of Appeal Rules on Split-Shift Premiums, Reporting Time Pay and Attorney’s Fees

Both the Temporary Staffing Agency and Client-Employer May be Held Liable for Wages Owed to Temporary Workers.

The Top Four Reasons Why Employers Should Keep Employment Records

$90-Million Judgment Against Employer For Failure to Provide Uninterrupted Breaks

The Ninth Circuit’s Guidelines on California’s Administrative Exemption for IT Professionals.

Hoover v. Am. Income Life Ins.: State Statutory Wage and Hour Claims are not Subject to Arbitration.

Browse Topics

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