Monthly Archives: February 2012

PAGA Law

California adopted a novel approach to enforcing the Labor Code of California when it enacted the Private Attorney General Act of 2004 (“PAGA”) codified in Cal. Lab. Code § 2698, et seq.  This law allows a private citizen to pursue … Continue reading

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California Family Rights Act – FMLA

Did you know that employees can take up to 12 weeks of unpaid leave from their work under the California Family Rights Act (CFRA) without losing their job? With similar provisions to the federal Family and Medical Leave Act (FMLA), … Continue reading

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PAGA Penalties Apply To Wage Order “Working Conditions” Violations

In Bright v. 99 Cent Only Stores, the Second Appellate District reversed the dismissal of a cashier’s claim for penalties because her employer failed to give her a place to sit while she was working. The reason is that providing “suitable seats” to employees is one of the many “working condition” provisions contained solely in the administrative … Continue reading

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Class Actions For Failure To Provide “Suitable Seating” under IWC Wage Orders

The Bright v. 99 Cents Only Stores decision, issued by the California Court of Appeal for the Second Appellate District last November, illustrates a recent wage and hour class action litigation trend against retail employers in California over lack of “suitable seating” … Continue reading

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CALIFORNIA SUPREME COURT EXTENDS OVERTIME LAWS TO OUT-OF-STATE EMPLOYEES WORKING IN CALIFORNIA

The California Supreme Court recently issued a decision with significant implications for employers that have nonresident employees performing work in California on a routine orsporadic basis. In Sullivan v. Oracle, the court unanimously held that when an employee crosses into … Continue reading

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That Little Smart Phone Might Cause a Big Wage and Hour Headache

A smart phone is now as much a piece of your office life as a desk, laptop or employee handbook. Anyone can use their BlackBerry or iPhone to stay current on news and events, update social media status and check … Continue reading

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Why is Wage & Hour Law Different from Other Employment Laws?

Despite the tremendous amount of federal and state law governing the employment relationship, a business that follows the following core values can avoid significant liability under most labor and employment laws: • Follow the golden rule • Don’t make employment … Continue reading

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NEW Meal and Rest Break Practices on Short Notice

Some were beginning to wonder whether it would ever happen. After more than two years, the California Supreme Court has held a hearing in the much-awaited Brinker Restaurant Corp. v. Superior Court case. California employers should finally know the answer … Continue reading

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$187.6 million against retail giant, Walmart, Inc.

Recently, Pennsylvania’s Superior Court upheld a jury verdict of $187.6 million against retail giant, Walmart, Inc. in part for denying employee’s meal and rest periods as promised in their employee handbooks. Walmart’s violation regarding breaks and meal periods was not … Continue reading

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The DOL’s New App and the Dangers of Misclassifying Employees

The United States Department of Labor (DOL) recently launched a timesheet application for smart phones (app). The DOL describes this app as “a timesheet to help employees independently track the hours they work and determine the wages they are owed.”[1] The concept behind the new … Continue reading

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