[Source: The National Law Review] Issuing the California Supreme Court’s decision in a much-anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC. (S259172.PDF (ca.gov) that “[t]he calculation of premium pay for a non-compliant meal, rest, or recovery period, like the calculation of overtime pay, must account Read More…
Tag: wages & benefits
DOL tells court it will not defend proposed prevailing wage rule
[Source: The National Law Review] The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating the propriety of that Rule” in the challenge to stop the agency Read More…
Why manufacturing matters to economic superpowers
[Source: Financial Times] Manufacturing matters. While it has become increasingly automated and globalised over the past several decades, it still holds a special place in the national psyche in the US and other big exporting nations, such as Germany, China and Japan. Part of that is down to its disproportionate benefits to the economy. In Read More…
Measures employers should incorporate to mitigate risks under PAGA
[Source: CalChamber] One of the most onerous labor laws employers in California contend with is the Private Attorneys General Act (PAGA). The law, which some have nicknamed “the sue your boss law,” allows employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for labor code Read More…
Reporting to work: no physical presence required
[Source: CalChamber/HR Watchdog] Last week, the Second District California Court of Appeal ruled that on-call employees are entitled to reporting time pay if they are required to contact the employer to see whether they must actually report to work (Ward v. Tilly’s Inc., CA2/3 B280151 2/4/19). This significant wage and hour case applies to employees governed Read More…
Class action settlement doesn’t prevent 2nd lawsuit
[Source: CalChamber] An employee who was a member of a wage-and-hour class action settlement with her employer is able to pursue a subsequent lawsuit against her employer for a claim that was not alleged in the first case, said the Ninth Circuit Court of Appeals in a recent opinion. The employer settled in federal court Read More…
All minutes count when paying California employees
[Source: HRWatchdog/CalChamber] Our nonexempt employees answer texts and calls after-hours. Is this work time and how much time would we pay for a five-minute call, for example? Yes, in most instances, answering short calls, texts and emails would meet the definition of hours worked found in the Industrial Welfare Commission Orders, Section 2: “Hours worked” Read More…
Despite court challenge, California pushes forward with retirement program for all workers in state
[Source: Los Angeles Times] Workers at architecture firm and general contractor Walker Workshop have planned and built high-end homes from Long Island to the Hollywood Hills. But planning for retirement and building savings is another story. Like many small business, the 16-employee Los Angeles company doesn’t offer a pension or 401(k) plan. Starting in January, Read More…
Duration of written meal period waivers depends on your needs
[Source: CalChamber] We have employees working 6-hour shifts who want to waive their meal period and employees who want to waive their second meal period after 10 hours. How often do we have to renew the written waiver? Pursuant to the California Labor Code, both the 6- and 10-hour waiver allow an employer and employee Read More…