As we previously reported here, on July 22, 2008, in Brinker v. Superior Court, the California Court of Appeal held that while an employer is required to "provide" to non-exempt employees at least one unpaid, duty-free meal period of at least 30 minutes each workday of more than 6 hours, the obligation to "provide" required meal periods means to make the required meal periods available and not to ensure that employees take all required meal periods. This was good news for employers and especially good news to numerous employers defending against claims of alleged meal period violations.
As we previously reported here, on July 22, 2008, in Brinker v. Superior Court, the California Court of Appeal held that while an employer is required to "provide" to non-exempt employees at least one unpaid, duty-free meal period of at least 30 minutes each workday of more than 6 hours, the obligation to "provide" required meal periods means to make the required meal periods available and not to ensure that employees take all required meal periods. This was good news for employers and especially good news to numerous employers defending against claims of alleged meal period violations.
As previously reported here, in late August, the National Labor Relations Board confirmed the approval of a final rule which requires all employers under NLRB jurisdiction to post a Notice which will inform employees of their rights under the National Labor Relations Act. Today, the NLRB agreed to postpone the date employers will be required to post this notice from January 31, 2012 to April 30, 2012. The ...
As we previously reported here, on July 22, 2008, in Brinker v. Superior Court, the California Court of Appeal held that while an employer is required to "provide" to non-exempt employees at least one unpaid, duty-free meal period of at least 30 minutes each workday of more than 6 hours, the obligation to "provide" required meal periods means to make the required meal periods available and not to ensure that employees take all required meal periods. This was good news for employers and especially good news to numerous employers defending against claims of alleged meal period violations.
In a partially published and partially unpublished decision in Fuentes v. AutoZone, Inc., the California Court of Appeal affirmed a judgment for alleged sexual harassment damages of $160,000.00 against the two alleged harassers and against the employer and affirmed the trial court's award of $677,025.00 in attorney's fees and $23,898.76 for a total award of $860,923.76. The Court of Appeal rejected AutoZone's argument that the verdict was not supported by substantial evidence and rejected AutoZone's argument that the attorney's fees award was inflated.
California's Prevailing Wage Law (Labor Code sections 1720-1861) generally requires that persons employed on Public Works be paid "not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed" as determined by the Director of the Department of Industrial Relations."Public works" is broadly defined to include "[c]onstruction, alternation, demolition, installation, or repair work done under contract and paid for in whole or in part of of public funds." The term "prevailing wages" is not synonymous with average or market wage rates for a particular kind of work in a given local. "Prevailing wages" are typically union scale wages regardless of whether such wages are typically paid in a given market on non public works projects. For example, the general prevailing wage for a tree trimmer who works above ground is currently $27.49 per hour. Prevailing wage determinations for various trades can be viewed here.
On October 9, 2011, Governor Jerry Brown signed into law Assembly Bill 469, sponsored by State Assembly Member Sandre R Swanson (Dem. Oakland), which will be known as the "Wage Theft Prevention Act of 2011." Effective January 1, 2012, the Wage Theft Prevention Act of 2011 will, among other things, subject California employers to new notice and record keeping requirements and to additional penalties for failing to comply with various provisions of the California Labor Code. Some of the coming changes are as follows:
As we previously reported here, on July 22, 2008, in Brinker v. Superior Court, the Court of Appeal held that while an employer is required to "provide" to non-exempt employees at least one unpaid, duty-free meal period of at least 30 minutes each workday of more than 6 hours, the obligation to "provide" required meal periods means to make the required meal periods available and not to ensure that employees take all required meal periods. This was good news for employers and especially good news to numerous employers defending against claims of alleged meal period violations.
As we previously reported here, the consequences of misclassifying a worker as an independent contractor who should have been classified as a non-exempt hourly employee can be substantial. For example, if, because of misclassifying a worker as an independent contractor, the business failed to provide the worker with required meal and rest periods, failed to pay the worker for all hours worked, failed to pay premium pay for overtime hours, and/or failed to provide properly itemized wage statements, the business could become liable for substantial damages for unpaid wages, for various civil penalties, and for attorney's fees.
Today, the California Department of Fair Employment and Housing issued a press release announcing the California Fair Employment and Housing Commission ordered an airline to pay over $325,000 to and to reinstate a former employee employed as a customer service agent based on the Commission's findings that the airline failed to reasonably accommodate the former employee's disability.
Other AALRR Blogs
Recent Posts
- Legislation Impacting California Employee Handbook Policies for 2025
- Update on the California Health Care Minimum Wage
- Resources for California Employers to Track and Confirm Their State and Local Minimum Wage Requirements
- 11 Local Minimum Wage Ordinances Poised to Increase on July 1, 2024
- Fast Food Restaurants -- Be Prepared for a DIR Audit
- U.S. Supreme Court Lowers Bar for Proving Discrimination Claims
- Governor Signs Urgency Legislation Exempting Certain Restaurants from New Fast Food Minimum Wage
- Sexual Violence and Harassment Prevention Training for Janitorial Service Providers Goes Into Effect
- California Supreme Court Strips Trial Court’s Authority to Dismiss Unwieldy PAGA Actions
- California Expands Employee Paid Sick Leave Entitlements Effective January 1, 2024
Popular Categories
- (154)
- (38)
- (52)
- (42)
- (6)
- (36)
- (23)
- (15)
- (15)
- (24)
- (6)
- (7)
- (6)
- (6)
- (9)
- (6)
- (4)
- (2)
- (3)
- (2)
- (2)
- (2)
- (2)
- (3)
- (3)
- (1)
- (1)
- (2)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Cindy Strom Arellano
- Sarkis A. Atoyan
- Eddy R. Beltran
- William M. Betley
- Brigham M. Cheney
- Michele L. Collender
- Kevin R. Dale
- Scott K. Dauscher
- Alexandria M. Davidson
- William A. Diedrich
- Paul S. Fleck
- Lauren S. Gafa
- L. Brent Garrett
- Evan J. Gautier
- Carol A. Gefis
- Jennifer S. Grock
- Jonathan Judge
- David Kang
- Nate J. Kowalski
- Joshua N. Lange
- Catherine M. Lee
- Thomas A. Lenz
- David M. Lester
- Martin S. Li
- Jorge J. Luna
- Brian D. Martin
- Ronald W. Novotny
- Michael J. O'Connor, Jr.
- Aaron V. O'Donnell
- Shawn M. Ogle
- Sharon J. Ormond
- Joseph E. Pelochino
- Chesley D. Quaide
- Todd M. Robbins
- Irma Rodríguez Moisa
- Saba Salamatian
- Casandra P. Secord
- Jon M. Setoguchi
- Ann K. Smith
- Amber M. Solano
- Susana P. Solano
- Susan M. Steward
- April Szabo
- Jay G. Trinnaman
- Jonathan S. Vick
- Robert L. Wenzel
- Brian M. Wheeler
- Glen A. Williams
Archives
2024
2023
2022
- November 2022
- October 2022
- September 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
2020
- December 2020
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
2019
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
2018
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- March 2018
- February 2018
- January 2018
2017
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- March 2017
- February 2017
2016
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
2015
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
2011
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011