Last week, Governor Schwarzenegger vetoed SB1121, a bill that would have given farm 
workers overtime when they work over eight hours in one day or over forty hours in one week. Currently, California farm workers earn overtime for all hours over 10 hours in one day and 60 hours in one week. Federal law, by
Court Affirms Denial Of Class Certification In Security Guard Meal and Rest Break Case
In Faulkinbury v. Boyd & Associates, Inc., Plaintiffs brought a case on behalf of about 4,000 current and former security guards of Boyd & Associates, Inc. Plaintiffs asserted that all guards had to sign an agreement to take on-duty meal periods and that they never took an uninterrupted, off-duty meal break. They also asserted
What Labor Code requirements can employees waive?
It may come as a surprise to many employers that employees cannot waive, or enter into contracts
contrary to many of California’s Labor Code requirements. The rationale for this is pretty basic: if employees could waive the rights given to them under the Labor Code, every employer would simply require the employee to waive the
No Break In Worker Suits
I was quoted in this month’s California Lawyer magazine regarding the steady persistence of wage and hour lawsuits here in California – even during these difficult economic times. The article, No Break In Worker Suits, can be read here.
Lower Court’s Ruling In Brinker v. Hohnbaum
The Fourth Appellate District, Division One, Appellate Court’s opinion in Brinker Restaurant Corporation, et al. v. Hohnbaum, et al. (July 22, 2008) is the opinion that was appealed to the California Supreme Court. The case is one of the first California state appellate court to rule on the parameters of employers’ duties under the California Labor
10 common California employment law mistakes by start-up companies
Start-up companies are usually saving every penny and operating on small margins. Simply the cost of defending an employment lawsuit could bring the entire venture into jeopardy. Here is a list of ten common California employment law mistakes made by start-ups:
- Assuming everyone can be paid a salary, and not paying overtime for hours over
Department Of Labor To Step Up Field Audits For Wage and Hour Violations
The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the Department of Labor is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased
Court Holds Arbitration Agreement With Class Action Waiver And PAGA Waiver Is Unenforceable
Plaintiff, who was a trash truck driver for Athens Disposal Company, Inc., filed a class action against the company alleging violations of the Labor Code. Plaintiff asserted the following causes of action against Athens:
- Failing to pay overtime.
- Failing to provide meal periods and to pay an additional hour of compensation per workday to employees
Less Discrimination Lawsuits Equals More Wage And Hour Lawsuits?
The WSJ recently reported, there is a trend that discrimination based lawsuits fair a lot worse than most other cases filed in federal court. A study found that discrimination cases lose at a higher rate and are more likely to be dismissed at early stages in the lawsuit. The article reports:
The odds against
How To Approach Meal & Rest Breaks While Waiting For The California Supreme Court’s Decision in Brinker v. Superior Court (Hohnbaum)
While California employers anxiously wait for the California Supreme Court’s opinion in Brinker v. Superior Court (Hohnbaum) (and also Brinkley v. Public Storage, Inc.), what steps should they in regards to meal and rest break policies?
Record meal breaks.
This is already an obligation of California employers, and the Brinker decision does not change