On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system. The case involved a class action and PAGA action brought by Ms. Donohue on behalf of nurse recruiters who worked for AMN. Ms. Donohue claimed that AMN had violated various California wage and hour laws and brought claims for: 1) failure to provide meal and rest periods in violation of Labor Code sections 226.7 and 1197.1; 2) failure to pay overtime and minimum wage in violation of Labor Code sections 510 and 1197.1; 3) improper wage statements in violation of Labor Code section 226; 4) unreimbursed business expenses in violation of Labor Code section 2802; 5) waiting time penalties in violation of Labor Code sections 201-203; 6) unfair business practices in violation of Business and Professions Code section 17200; and 7) civil penalties authorized by the Labor Code Private Attorneys General Act of 2004 (PAGA), under Labor Code section 2698 et seq.
Continue Reading Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit
rest breaks
Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws
Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner 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. Other times, employers make the mistake of treating an employee as exempt from Wage Orders and Labor Code laws, when in fact the employee does not qualify.
This seminar will help employers understand and comply with wage and hour laws in California. In addition, this seminar will help employers, HR professionals, supervisors, and payroll managers gain a more thorough understanding of the various exemptions available under California law and learn how to conduct a legally strong exemption analysis.
Continue Reading Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws
DLSE Issues New Guidance on Rest Breaks – Is Your Handbook Up to Date?
The Division of Labor Standards Enforcement (“DLSE”) recently issued updated guidance regarding rest breaks that reverses its previous position, which permitted employers to require that employees stay on work premises during their rest periods. In this new guidance, the DLSE states that employers “cannot impose any restraints not inherent in the rest period requirement itself,”…
Commissioned Employees Required to Receive Separate Compensation for Rest Breaks
A California appellate court ruled this week in Vaquero v. Stoneledge Furniture, LLC (No. B269657, filed February 28, 2017) that employees paid on commission are entitled to separate compensation for rest breaks. In a decision that frustrates employers that view the employment relationship through the lens of contract law, the Vaquero Court held that Stoneledge’s…