Tag Archives: wages

Reporting Time Pay and split shift compensation – San Diego Employment Lawyer – 619.202.0264

1. Reporting Time Pay is Warranted only if the employee works less than half of his scheduled time. Two members of a putative class claimed that AirTouch improperly failed to pay reporting time pay for days when employees were required … Continue reading

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HOW TO HANDLE SPLIT SHIFTS – San Diego Employment Lawyer – 619.202.0264

The Industrial Welfare Commission defines a split shift as a work schedule that is interrupted by a non-paid, non-working period established by the employer that is not a rest or meal period. (See IWC Wage Order No. 5, Section 2). … Continue reading

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Gratuities – Tip Pooling Is Legal. Tip Pulling Is Not.

California law forbids an employer from collecting server’s tips and redistributing (some or all of) them to various employees, including managers. So perhaps it’s worth sharing the DIR’s FAQs on the laws in California regarding tipping. The Cliff Notes version: the … Continue reading

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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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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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Wage and Hour Lawsuits: What Could They Cost You?

“… 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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Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA)

United States Department of Labor released Fact Sheet # 77A to offer further guidance to employers on the topic of retaliation under the Fair Labor Standards Act (FLSA).  This fact sheet provides general information concerning the FLSA’s prohibition of retaliating … Continue reading

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Department of Labor Issues New Fact Sheets on Retaliation

More and more employers are recognizing what employment attorneys have long known. The most prevalent type of employment discrimination claim is not one based on race, sex, religion, disability or age. Rather, it is one alleging unlawful retaliation. In fact, … Continue reading

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“Flexible Work” Trend Still Necessitates Wage-Hour Compliance

A recent Time magazine item by Dan Schawbel of Millennial Branding discusses what he sees as a growing trend to abandon the traditional on-premises, 9-to-5 workday in favor of permitting employees to “work odd hours, telecommute and otherwise tweak the … Continue reading

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