In 2015, the California Healthy Workplace Healthy Family Act (AB 1522) came into effect. Because of this new law, many California employees are now entitled to paid sick leave. Below are answers to some frequently asked questions about California’s new paid sick leave law. 
Continue reading “Do I Get Paid Sick Leave?: Decoding California’s New Paid Sick Leave Requirements”
Wage and Hour Law
How Much Notice is Required Under PAGA? Ninth Circuit Provides Guidance in Unpublished Decision
This month in an unpublished opinion in Green v. Bank of America, No. 13-56023 (9th Cir. Oct. 13, 2015), the Ninth Circuit clarified the standard for exhaustion of administrative remedies under the California Private Attorneys’ General Act (PAGA). The plaintiffs are now petitioning the court to have this decision published, so that the PAGA notice standard becomes the law of the Circuit. Continue reading “How Much Notice is Required Under PAGA? Ninth Circuit Provides Guidance in Unpublished Decision”
Read more...Proposed Changes to Overtime Laws Will Help Millions of Employees Nationwide
In July, the United States Department of Labor (DOL) announced a new rule that would extend federal overtime protections to millions of “white collar” workers. Continue reading “Proposed Changes to Overtime Laws Will Help Millions of Employees Nationwide”
Read more...A Bright Spot for Workers in Tuesday’s Dismal Election Results
Despite the lingering outrage and disapproval many of us have regarding the Republican victory at the polls last Tuesday, there were some major wins for workers across California and the country which should be embraced and not overlooked.
Raising Minimum Wages:
Starting local, both Oakland and San Francisco voted to raise their local minimum wages. Oakland’s minimum wage will go up to $12.25 next year and San Francisco is now on track to gradually increase its minimum wage to $15 by 2015. Continue reading “A Bright Spot for Workers in Tuesday’s Dismal Election Results”
Read more...Developments in Wage and Hour Law-2014
[Each year, I participate in an employment/wage and hour law update put on by the Alameda County Bar Association Labor and Employment Committee. This year, I am going to summarize some of the topics that I discussed (or wanted to discuss) in a series of blog posts. This is the first of those posts. I am also 
planning to cover the following topics in the weeks to come: Class Actions; PAGA Claims; and Arbitration.]
A number of important cases have come down in the year since our last employment/wage and hour law update in September 2013. Workers scored significant victories in a number of areas, including cases involving whether “independent contractors” are actually employees for the purposes of wage and hour law; federal preemption of meal and rest breaks for truck drivers; the inside sales exemption; and reimbursement for expenses related to cell phones. However, the news was not all bad for employers, as courts continued to express skepticism toward off the clock cases and mileage reimbursement cases. Finally, the California Supreme Court has agreed to address several critical issues pertaining to seating cases. Until then, those cases are probably on hold.
Continue reading “Developments in Wage and Hour Law-2014”
Read more...A Win for Commissioned Salespeople: Peabody v. Time Warner Cable, Inc.
In order to be exempt from the overtime requirements of California law (as well as other wage and hour laws such as those requiring meal and rest breaks), commissioned employees must meet two requirements: [1]
1. They must earn more than one and half times the applicable minimum wage[2] (“the minimum wage test”).
2. They must earn at least half of their wages from commissions.
This test therefore poses the following question: What about employees who, because of their commission structure, earn less than one and a half times the minimum wage in some pay periods? Are employers allowed to average an employee’s wages across pay periods in order to determine whether they meet the minimum wage test?
The California Supreme Court recently addressed this issue. In Peabody v. Time Warner Cable, Inc. the Court held that employers may not consider commission payments in other pay periods in order to meet the minimum wage test of the commissioned employee exemption.
Continue reading “A Win for Commissioned Salespeople: Peabody v. Time Warner Cable, Inc.”
Read more...Ninth Circuit Clarifies California Labor Law Protections for Truck Drivers in Dilts v. Penske Logistics
California labor laws almost always offer stronger protections than their federal counterparts, which set the minimum baseline for all states. However, for some categories of employees, the California Labor Code protections can be preempted by federal laws- meaning the federal law supersedes the California law. Federal preemption of California laws almost always translates into fewer protections for employees.
Two federal regulatory schemes in particular contain preemption clauses: the Federal Aviation Administration Authorization Act of 1994 (FAAAA), dealing with motor carriers (the trucking industry), and the Airline Deregulation Act of 1978 (ADA), dealing with the air carriers. Both laws bar the application of California laws “relating to the rates, routes, or services” of any air or motor carrier.
Read more...Duran v. U.S. Bank: Statistics Remain an Important and Viable Tool in Achieving Class Certification
On May 29, 2014, the California Supreme Court issued its decision in Duran v. U.S. Bank (2014) S20093. Class action practitioners throughout the state have been awaiting this decision for some time, hoping that it will provide guidance as to how to properly litigate “misclassification” cases. (Misclassification cases are those in which the plaintiffs claim that they were improperly exempted from overtime and other wage and hour laws.)
Duran may not have gone as far as some hoped. However, its most important point is clear: Statistics remain a viable way to prove both liability and damages in class actions-provided, that is, that the methodology underlying the statistics is sound. Continue reading “Duran v. U.S. Bank: Statistics Remain an Important and Viable Tool in Achieving Class Certification”
Read more...California Takes Hopeful Step to Raise the Minimum Wage to a Living Wage
The California minimum wage is set to increase to $9.00 an hour, effective July 1, 2014. This week, though, the State Senate approved more a more drastic measure to increase minimum wages. On May 29, the State Senate approved a measure that would slowly but surely raise the minimum up to $13 an hour in 2017. The bill is being sponsored by Senator Mark Leno of San Francisco, who wants to help the 7.9 million Californians who are currently earning minimum wages to climb out of poverty. Continue reading “California Takes Hopeful Step to Raise the Minimum Wage to a Living Wage”
The Law Regarding “On-Duty” Meal Periods in California
What is an on-duty meal period? An on-duty meal period is one in which the employee is not relieved of all duties. In California, on-duty meal periods are only legal under certain narrow circumstances. On-duty meal periods are only legal if: The nature of the work prevents an employee from being relieved of all duty. […]
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