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Tag Archives: Overtime

Holiday Parties: An HR Nightmare!

Posted in Harassment, Wage & Hour

It’s that magical time of year! Time for hot cocoa, warm fires, glad tidings – and office holiday parties! Office holiday parties are a time for co-workers to relax and for employers to show appreciation to employees, all of which builds office morale. Of course, office holiday parties also come with an extra serving of… Continue Reading

States And Congress Challenge New Overtime Rules

Posted in Employment Contracts and Agreements, Wage & Hour

As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles.  First, states and private businesses pushed back.  In late September, 21 states jointly filed a lawsuit in the Eastern District of Texas asking that the court block the DOL… Continue Reading

Upcoming Seminar: But I Paid Them a Salary – Overtime or No Overtime? Analyzing the Exempt Status of Employees

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Come join the employment lawyers at Weintraub Tobin as they present the second session of our wage and hour series. Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the… Continue Reading

Upcoming Seminar: Watching the Clock – Wage and Hour Laws for Non-Exempt Employees

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Come join the Labor and Employment Group at Weintraub Tobin as they discuss the nuts and bolts of… Continue Reading

Upcoming Seminar: Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Join the Labor and Employment team at Weintraub Tobin as we present the final session of our three part wage and hour series. Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action… Continue Reading

California Class Actions: Great Decision in “Off-The-Clock” Claim

Posted in Labor Law, Wage & Hour

A recent California Court of Appeal upheld the trial court’s order granting defendant’s pre-certification motion for summary judgment against off-the-clock class claims made by the named plaintiff in a putative class action.  The case is named Jong v. Kaiser Foundation Health Plan, Inc., Case No. A138725, ___ Cal. App. 4th __,  (Cal. App. 1st Dist. 5/20/2014)… Continue Reading

A Collective Bargaining Agreement That Provides For Premium Rates For Overtime Hours Worked Is Not Subject To The Same Overtime Pay Obligations Defined By California Labor Code Section 510

Posted in Wage & Hour

By:   Duyen T. Nguyen In George Vranish, Jr. et al. v. Exxon Mobil Corporation, 2014 DJDAR 761, January 23, 2014, the Court upheld the terms of a collective bargaining agreement (“CBA”) which set forth overtime pay for Exxon Mobil’s employees. Pursuant to the CBA, Plaintiffs were paid at the overtime premium rate of 1.5 times… Continue Reading

Think You Are Leaving a Tip After a Nice Meal, Think Again; You May Be Leaving Someone’s Wages – IRS Ruling On Automatic Gratuity Begins January 2014

Posted in Wage & Hour

Effective Jan. 1, 2014, the Internal Revenue Service (IRS) will recognize automatic gratuities, a percentage automatically added to a restaurant bill, as a service charge, rather than a tip. The IRS ruling on automatic gratuities isn’t new. This was the result of a June 2012 tax ruling that was delayed to give restaurants and related… Continue Reading

Nanny State Gives Nannies Overtime Under New California Law

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On Thursday, Governor Jerry Brown, signed into law AB 241, providing overtime to nannies and other domestic workers in California. The new law requires employers to pay time-and-a-half overtime to any nanny, housekeeper, or personal attendant who works more than nine hours in one day, or 45 hours in a week. Coupled with California’s new… Continue Reading

The Ninth Circuit Holds that Lead Plaintiffs in a Putative Class Action Don’t Get to Plead Their Way Out of Federal Court

Posted in Wage & Hour

By: Lizbeth V. West, Esq. Plaintiff Robert Rodriguez brought a putative class action against AT&T Mobility Services, LLC, on behalf of himself and all other similarly situated retail sales managers of AT&T wireless stores in Los Angeles and Ventura counties. Rodriguez asserted various claims under California law related to alleged unpaid wages, overtime compensation, and… Continue Reading

Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet

Posted in Labor Law, Wage & Hour

By:  Shauna N. Correia Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity… Continue Reading

Upcoming Seminar – Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Posted in Labor Law, Wage & Hour

Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain… Continue Reading

Upcoming Seminar: Intricacies of Wage and Hour Laws for Non-Exempt Employees

Posted in Wage & Hour

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Come join the Labor and Employment Group at Weintraub Tobin as they discuss the “Ins and Outs” of… Continue Reading

See’s Candy Decision a Halloween Treat for Rounding Punch Times

Posted in Wage & Hour

By:   Brendan J. Begley Right in time for Halloween, See’s Candy Shops, Inc., has managed to sweet talk the California Court of Appeal into giving a sugary treat to employers in terms of wage-and-hour laws. According to the decision in See’s v. Superior Court, California employers might be able to use a “timekeeping policy that… Continue Reading

Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

By:   Lizbeth V. West, Esq. As the L&E Law Blog readers may recall from the August 31, 2011 blog post and the teleseminar I conducted on September 14, 2011, the court in Arechiga v. Dolores Press, Inc. (2011) 192 Cal. App. 4th 567 was the sole California decision that held that “mutual wage agreements” were legal… Continue Reading

Wage and Hour Refresher: Are You Committing a Misdemeanor?

Posted in Wage & Hour

By:       Chuck Post Because employers and employees have the right to reach agreement as to the terms, conditions and nature of the work, many employers believe that anything they can get an employee to agree to is legal and permissible. This notion can lead an employer into a violation of law. Some obligations, however, such as the… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

The Proper Calculation of Overtime Pay on Bonus Compensation: Marin, et al. v. Costco Wholesale Corporation

Posted in Wage & Hour

This case concerns the lawfulness of defendant Costco Wholesale Corporation’s formula for computing overtime compensation on semi-annual bonuses paid to hourly employees. The trial court determined that defendants’ bonus overtime formula for the class of employees who qualify for the maximum base bonus (plaintiffs) violates California law, and ordered use of a different formula. The… Continue Reading