On Wednesday, the California Court of Appeal affirmed a casino’s tip-pooling arrangement for its card-dealer employees in Avidor v. Sutter’s Place, Inc. That published decision (available at this link) brings to mind verses from Kenny Rogers’ old country song, The Gambler: “You got to know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.” If the songwriter had known about the Avidor lawsuit, that refrain could have added, “You got to know when California law allows tip-pooling for employees, and know when it don’t.”
On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are. The issue was vehemently disputed between that segment of the plaintiff’s bar that specializes in “shake-down” disability access lawsuits, and the California business community.
In a well written opinion issued December 19, 2012, Judge William Alsup sides with KMart in a suitable seating case brought against retailer by an employee claiming the checkout stand needed to be reconfigured with a seat to sit down. The Court provided employers with the best explanation so far of employer obligations in these types of cases. In so doing, KMart blazed a trail for others in the retail and restaurant industry to use in defending against these types of cases.
Continue Reading Federal Judge In California Tells Class Counsel to Stand Up: KMart Wins Suitable Seating Case….For Now
California Employers have watched in recent years as an obscure provision in California Wage Orders has wreaked havoc in the courts. The provision requires “suitable seating” for employees when the nature of their work reasonably permits the use of seats. Not surprisingly, awareness of this issue came as a result of a warped interpretation of the provision by class action plaintiffs’ counsel.
Continue Reading You’ve Got To Stand Up To Sit Down: Suitable Seating In California
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.