Given the increasing mobility of the workforce, the issue of which state’s laws apply to a traveling employee is becoming more and more common. In Sullivan v. Oracle Corp., the California Supreme Court held that California-based employers must pay non-resident employees working in California according to the California’s overtime laws. That means that a
Court Upholds Timekeeping Rounding Policies: See’s Candy Shops Inc. v. Superior Court
In See’s Candy Shops, Inc. v. Superior Court the court addressed whether an employer’s policy of rounding employee’s time clock entries to the nearest tenth of an hour. See’s Candy’s policy rounded employees’ time entries either up or down to the nearest tenth of an hour in its Kronos time keeping system. For example, if
Post-Brinker Decision Upholds Denial Of Class Certification: Muldrow v. Surrex Solutions Corp.
In Muldrow v. Surrex Solutions Corp., the California Court of Appeal upheld a trial court’s determination that the plaintiffs could not maintain a class action for proposed meal period class given the holding by the California Supreme Court in Brinker v. Superior Court (click here for additional information on the Brinker ruling
When Does An Employer Have To Pay Wages?
I remember working odd summer jobs during college to pay the rent so that I did not have to move home. I was just thinking about one employer I worked for that always seemed to have payroll issues. Now, I do not think the mistakes were intentional, but they did cause me to have a
Court Holds Employers May Chargeback Sales Representatives For Returns
In sales, it is usually the case when the sale is made, but the customer has a set period of time to return the product. This presents an issue for an employer who pays the sales representative a commission. The employer does not want to pay a commission on an item sold that may be
What is a Split Shift?
A split shift is defined in the California IWC Wage Orders as:
…a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.
See Cal. Code Regs., tit. 8, § 11040, subd. 2(Q). If the employee works two shifts separated by more than a
Three Legal Steps Employers Can Take To Ensure Employees Comply With Company Policy
The scenario is common: employers have policies in place to protect the employees and the company, but getting employees to comply with the policies is difficult. For example, a company has a policy that employees have to be on-the-clock for during all of the time they are working, but there is one or two employees
Plaintiff Cannot Bring Class Action In Arbitration Even When Arbitration Agreement Is Silent On Issue
In Kinecta Alternative Financial Solutions v. Superior Court (wrd) held that a trial could improperly ordered a wage and hour class action to proceed in arbitration as a class action. The appellate court held that even though the arbitration agreement was silent on whether the parties agreed to arbitrate class claims, the fact that the
Meal and Rest Break Compliance After Brinker v. Superior Court
Have you attended webinars and read new legal updates on the new Brinker decision and still uncertain on how this applies to your company? Realizing that employers need to take a more active step in ensuring they are in compliance with the new decision, I’ve developed a package that actually assists employers in drafting and
When Do Employers Have To Offer Meal And Rest Breaks? Analysis Of Brinker Corp. v. Superior Court
It has been a week now since the California Supreme Court issued its decision in Brinker Restaurant Corp. v. Superior Court. I’ve been getting a lot of questions, and have spoken on the topic a few times, and thought a couple of charts illustrating the Court’s holding would assist in understanding the decision. For