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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

 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 (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

By: Lizbeth V. West, Esq.

The Ninth Circuit has referred the Peabody v. Time Warner Cable case to the California Supreme Court to answer this question.

Under the commissioned salesperson exemption, or the “inside sales exemption” in Wage Orders 4 and 7 (ONLY) an employee is exempt from overtime if his or her earnings: 1) exceed one and one-half times the minimum wage; and 2) more than half of the employee’s compensation represents commissions. Under California’s minimum hourly wage of $8.00, an inside sales commissioned employee must earn at least $12.00 per hour to qualify for the exemption. Continue Reading “Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?

By: Charles L. Post and James Kachmar

As many readers of this Blog know, we’ve been awaiting the California Supreme Court to issue its decision in the Brinker case. This morning it did so. As our attorneys continue to analyze the decision involving issues of employee rest periods and meal breaks, we will be publishing several blog updates in the coming days discussing the impact of the decision on California employers.Continue Reading CASE ALERT: California Supreme Court Hands Down Brinker Decision