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.
Wage & Hour
The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)
By Ramona Carrillo on
Avery Richey, a sales manager at Power Toyota of Cerritos (“Toyota”), went on medical leave under the California Family Rights Act (“CFRA”) due to a back injury. While on leave, Toyota learned Richey was working at a restaurant he owned. Toyota dispatched an employee and a supervisor to Richey’s business, where they observed him sweeping, bending over, using a hammer to hang a sign, taking orders, and acting as a cashier. Toyota’s employee handbook provided: “You are not allowed to accept employment with another company while you are on approved [CFRA] leave.” Toyota believed Richey was violating this policy and misusing his leave and terminated Richey’s employment four weeks before the expiration of his approved medical leave.Continue Reading The Continuing Danger of Terminating Employees on Leave: An Honest Belief That Leave is Being Misused is Not Always Enough (Richey v. Autonation, Inc.)
Latest Court of Appeal Decision in Harris v. Superior Court (Liberty Mutual) Depublished, the Administrative/Production Worker Dichotomy Remains Uncertain
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
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 (which can be found here – https://www.thelelawblog.com/2012/01/articles/wage-and-hour/misclassfied-as-a-matter-of-law-not-so-fast-say-the-supremes/).Continue Reading Latest Court of Appeal Decision in Harris v. Superior Court (Liberty Mutual) Depublished, the Administrative/Production Worker Dichotomy Remains Uncertain
2013 Minimum Rates of Pay Announced for Exempt Computer Software, Physician and Surgeon Employees
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
California Labor Code sections 515.5 and 515.6 provide that certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly rate. Effective January 1, 2013, the following rates of pay are required for the employee to be exempt under California wage and hour law.Continue Reading 2013 Minimum Rates of Pay Announced for Exempt Computer Software, Physician and Surgeon Employees
See’s Candy Decision a Halloween Treat for Rounding Punch Times
By Ramona Carrillo on
Posted in Wage & Hour
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 rounds employee punch in/out times to the nearest one-tenth of an hour” without violating the state’s strict overtime laws. The appellate court’s opinion is available at this link.Continue Reading See’s Candy Decision a Halloween Treat for Rounding Punch Times