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
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…
The Enforceability of Class Action Waivers In The Employment Context
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose…
Medical Marijuana Raising New Employment Law Issues
The Wall Street Journal reported yesterday about the difficulties employers are facing when employees are found to have marijuana in their systems while at work. The article notes employees are asking if they could use their company-provided flex spending accounts to purchase the medical marijuana. There are many issues that will have to be…
Recruiters for temporary staffing company must be paid overtime
The case Pellegrino v. Robert Half International, Inc. (RHI) was brought by recruiters alleging that RHI failed to comply with Labor Code provisions pertaining to overtime compensation, commissions, meal periods, itemized wage statements, and unfair competition (under Business and Professions Code section 17200).
As defenses, RHI argued that Plaintiffs’ claims were barred because they all…
Solicitation of Competitors and Employees By Former Employees Is Not Protected Speech Under California’s anti-SLAPP Statute
The case, World Financial Group, Inc. v. HBW Insurance & Financial Services, Inc. involved the situation where employees broke off from their former employer and started to work for a direct competitor. After leaving employment, the former employees made statements to former colleagues and customers in an attempt to have them join their new venture. …
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