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Tag Archives: Wage

“Slaying the PAGA Dragon” – Wage and Hour Compliance for Non-Exempt Employees

Posted in Wage & Hour

Date:  March 16, 2017 Time:  8:30 a.m. – 12:00 p.m. 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.  The various federal and state wage and hour… Continue Reading

Washington Raises Minimum Wage And Provides Paid Sick Leave

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

In November 2016, Washington voters approved Initiative Measure No. 1433 (“IM 1433”) which provides for an incremental increase to the state minimum wage as of January 1, 2017 and also provides for paid sick leave benefits beginning January 1, 2018.  The stated intent behind IM 1443 is expressed in the initiative as follows: “BE IT… Continue Reading

Increases To New York Minimum Wage And Salary Thresholds

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

While the Department of Labor may have stayed any national increases to the minimum exemption salary thresholds for the time being, New York employers have not been granted the same reprieve. Effective December 31, 2016, the New York Department of Labor announced incremental increases to its minimum wage laws. With the increased minimum wages, increases… Continue Reading

Notice To Employers – Audit Your Compensation Plans Based On The Increase To California’s Statutory Minimum Wage

Posted in New Legislation and Regulations, Wage & Hour

By: Lizbeth V. West, Esq. On September 25, 2013 Governor Brown signed Assembly Bill 10 into law. Under the new law the statutory minimum wage for California employees will increase from $8 per hour to $9 per hour as of July 1, 2014. Then, on January 1, 2016, the statutory minimum wage will increase to $10… Continue Reading

Amendment to the Labor Code Makes it Harder for Employers to Get Attorney’s Fees if They Prevail in an Unpaid Wage or Benefit Claim

Posted in Labor Law, Wage & Hour

By: Lizbeth V. West, Esq. Governor Brown signed Senate Bill (SB) 462 which places restrictions on an employer’s ability to recoup attorney’s fees when it prevails in an unpaid wage or benefit claim. Labor Code section 218.5 previously provided that except in certain circumstances, in an action brought for the nonpayment of wages, fringe benefits, or… 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

Summer Seminar Series for Restaurants

Posted in Labor Law

Join Weintraub Tobin’s attorneys in connection with the California Restaurant Association and Leavitt Group in their Summer Seminar Series for Restaurants where they will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives. Dates: Tuesday, July 30, 2013 Claremont Resort, Berkeley, CA Wednesday, July 31, 2013 Sutter Club,… Continue Reading

San Jose Joins San Francisco in Adopting Its Own Minimum Wage Requirement

Posted in Labor Law, Wage & Hour

By:  Meagan D. Christiansen On November 6, 2012, nearly sixty percent of San Jose’s residents voted to raise San Jose’s minimum wage to $10.00. In doing so, San Jose became the fifth city in the United States to institute a higher minimum wage than otherwise required, joining San Francisco, Washington, D.C., Albuquerque and Santa Fe…. Continue Reading

Latest Court of Appeal Decision in Harris v. Superior Court (Liberty Mutual) Depublished, the Administrative/Production Worker Dichotomy Remains Uncertain

Posted in Labor Law, Wage & Hour

 By:   Meagan D. Christiansen If you’ve attended any of our seminars revolving around wage and hour issues over the past year, you will undoubtedly remember our discussions of Harris v. Superior Court (Liberty Mutual), and the so-called “administrative/production worker dichotomy.” You may also remember an earlier post discussing the California Supreme Court’s ruling last January… Continue Reading

Really? Again? – Another California Case Finds that the Parties’ Arbitration Agreement Will Not Govern their Dispute -in this Case a Dispute Centered on Whether or Not the Workers Were Independent Contractors or Employees

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

By:   Lizbeth V. West, Esq. There is a relatively long list of California cases that stand for the proposition that certain types of employment disputes are not subject to arbitration. On October 17, 2012, the Second District Court of Appeal’s decision in Elijahjuan et al v. Superior Court of LA County (Mike Campbell & Associates, Ltd.,… Continue Reading

Amendments to Labor Code §226 Clarify Employers’ Wage Statement Obligations and Add Specific Requirements for Temporary Services Employers

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

By:   Shauna N. Correia Governor Brown recently approved SB 1255, AB 1744 and AB 2674, amending existing Labor Code section 226 relating to wage statements. Existing law requires all employers to provide employees with accurate itemized statements with specific information, either semimonthly or at the time of each payment of wages. Penalties up to $4,000 or… 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

BREAKING NEWS …. FROM THE CALIFORNIA SUPREME COURT

Posted in Labor Law, Wage & Hour

By:    Lizbeth V. West, Esq. The California Supreme Court just announced this morning that it will issue its decision in the Brinker v. Superior Court case at 10:00 a.m. tomorrow, April 12, 2012. For all of our clients and guests who will be joining us at our Sacramento office tomorrow morning for our Wage & Hour… Continue Reading

Make Sure to Review Federal Exemptions When Fighting Class Actions in California: Court Finds Truck Route Drivers’ Break Claims Preempted By FAAAA

Posted in Wage & Hour

Countless employers have now been faced with class action litigation, making claims for various deviations from the California Labor Code. Many times employers will face these head on with evidence that the claims made by one former employee are not sufficiently common to a substantial number of other past and current employees to merit class… Continue Reading

Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act

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

If you thought all the news from the NLRB these days had to do with Posters and Recess appointments, think again. On January 6, 2012, the National Labor Relations Board emphatically rejected an arbitration agreement that required employees to waive their class action rights. This opinion squarely rejected the U.S. Supreme Court ruling last year… Continue Reading

Misclassfied As A Matter of Law?: Not So Fast Say the Supremes!

Posted in Wage & Hour

The California Supreme Court recently addressed whether insurance claims adjusters qualify for the administrative exemption under California law. (Harris v. Superior Court (Liberty Mutual Insurance Co.).) The Court’s decision in late December 2011, focused on the issue of the “administrative/production worker dichotomy.” Here the Court was looking at whether employees who fall on the “production”… Continue Reading

UPDATED! Brinker: The Wait Is Almost Over

Posted in Wage & Hour

By:       Scott M. Plamondon UPDATED 12/21/2011: Based on the date on which the case was submitted at oral argument, the California Supreme Court was required to render a decision in this matter on or before February 6, 2012. On December 2, 2011, however, the Supreme Court agreed to accept additional briefing regarding whether its decision will… Continue Reading

San Francisco: Incubator for Bad Employment Laws

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

laborDriving across the San Francisco Bay Bridge still provides one of the most beautiful views of any City I have seen in the United States. However, once off the bridge, you witness business owners besieged by a Frankenstein type laboratory of unfriendly employment laws. There is little doubt in my mind that, but for the view from… 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