Posts from February 2010.
02.26.2010

A number of California statutes permit plaintiffs who prevail on various wage and hour claims to recover attorney's fees and costs. See, e.g., California Labor Code Sections 218.5, 226 (e), and 1194. Courts are also permitted to enhance such fee awards by applying a multiplier, which can result in an award of attorney's fees significantly higher than what a plaintiffs' attorney would be paid by the hour at ...

02.25.2010

For a number of years, California employers have been besieged by costly, time consuming class action lawsuits, which frequently take the form of suits alleging violation of California's wage and hour laws. Welcome reform may on the horizon.

On February 10, 2010, California Assembly Member Audra Strickland introduced Assembly Bill ABX8 38, a bill that would significantly reform California's class action ...

02.25.2010

On February 23, 2010, in Cumbie v. Woody Woo, Inc., the Ninth Circuit Court of Appeal held that an employer that pays its wait staff a wage greater than the minimum wages does not violate the Fair Labor Standards Act("FLSA") by requiring its wait staff to participate in a tip pool that redistributes approximately 55% to 70% of their tips to employees who are not customarily tipped, such as dishwashers and cooks.

02.23.2010

This morning, in Hertz Corp. v. Friend, a unanimous U.S. Supreme Court vacated the decision of the Ninth Circuit Court of Appeals and held that a corporation’s "principal place of business” under the federal diversity-jurisdiction statute and the Class Action Fairness Act (CAFA):

refers to the place where the corporation’s high level officers direct, control, and coordinate the corporation’s ...
02.19.2010

Labor Code Section 233, sometimes referred to as the "kin care" statute requires employers that provide paid leave to an employee who is ill to permit an employee to use a portion of the employee's accrued and available paid sick leave to care for an ill parent, spouse, child, domestic partner, or child of a domestic partner. The amount of paid leave that can be used for that purpose is limited to the amount of paid ...

02.19.2010

Again and again, California appellate courts have held various features of employment arbitration agreements to be unconscionable and therefore unenforceable.

On February 18, 2010, in Suh v. Superior Court, the Court of Appeal held another employment agreement to be unenforceable. The court held the agreement was unenforceable because the plaintiffs were not provided an opportunity to read the ...

02.18.2010

As we previously reported here, shortly after Republican Scott Brown's victory in Massachusetts to fill the Senate Seat Edward Kennedy held for 46 years, Senate Republicans joined by a number of Democrats successfully used the filibuster to block President Obama's controversial nomination of attorney Craig Becker to the National Labor Relations Board. One Wall Street Journal commentator has referred to ...

02.11.2010

In Jaimez v. Daiohs USA, Inc., a decision we think is wrongly decided in many ways, the California Court of Appeal might have made it significantly easier for plaintiffs to obtain class certification in wage and hour cases.

Alex Jaimez was employed by DAIOHS USA, Inc., as a Sales Route Representative, and filed suit alleging he was misclassified as an exempt employee during part of his employment, that he was not ...

02.10.2010

As we previously reported here, on Tuesday, January 19, 2010, Republican Scott Brown defeated Democrat Martha Coakley in a special election to fill the United States Senate seat previously held by Democrat Edward Kennedy for 46 years.

As a consequence of Scott Brown's remarkable victory in a Democratic stronghold, Republicans now hold 41 seats in the Senate. Although still in the minority, those 41 seats are ...

02.06.2010

California employers are required to post where employees can easily read them a variety of documents concerning wages, hours, and working conditions, such as Industrial Welfare Commission Wage Orders, California Minimum Wage Notice, California Pay Day Notice, and many others.

Click here to view a list of the required postings identified by the California Division of Labor Standards Enforcement with ...

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