Posts from December 2010.

AALRR attorney Thomas Lenz was quoted by the Riverside Press-Enterprise on December 23, 2010, in an article on labor negotiations.

In the construction industry, and elsewhere, many businesses are commonly owned but have distinct labor relations issues. In fact many such "double breasted" companies operate with distinct union and non-union businesses. The details of how companies are structured and run matter. This is made clear in a recent ruling by the Ninth Circuit Court of Appeals

In Resilient Floor v. M & M Installation (9th ...

In Futrell v. Payday California, Inc., et al., a class action case involving overtime claims against a payroll company that prepared and issued plaintiff’s paychecks, W-2’s and related documents, the California Court of Appeal affirmed the trial court's grant of summary judgment dismissing the plaintiff’s action against the payroll company on grounds that the payroll company was not the plaintiff’s “employer.”

On December 9, 2010, the California Second District Court of Appeal upheld the dismissal of a lawsuit brought by a United Parcel Service supervisor for unpaid overtime and missed meal and rest breaks, on the ground that he was employed in an exempt position under California law. The court in Taylor v. UPS held that both the executive and administrative exemptions applied, since the supervisor was primarily engaged in management-related duties which qualified for application of each of the exemptions.

As we previously reported here, in Alcazar, et al. v. The Corporation Of The Catholic Archbishop of Seattle, et al., the Ninth Circuit Court of Appeals held that a Catholic seminarian's claims against his church for allegedly unpaid wages brought under a Washington state minimum wage statute is barred as a matter of law by the Free Exercise Clause and the Establishment Clause of the First Amendment of the United ...

On May 21, 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act of 2008 (“GINA”) into law, which prohibits the use of genetic information in the employment context, restricts employers and other entities covered by Title II from requesting, requiring, or purchasing genetic information, and strictly limits such entities from disclosing such information. GINA took effect on November 21, 2009.

Labor Code section 203(a) provides that "[i]f an employer willfully fails to pay, without abatement or reduction . . . any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced; but the wages shall not continue for more than 30 days." Labor Code section 203(b) provides that "[s]uit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise."

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