On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child. The law went into effect immediately.
Covered Employers. The Act defines covered employers the same way the federal Family…
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 health and welfare or pension fund contributions, a court was to award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action. SB 462 amends section 218.5 to provide that where the prevailing party is the employer, attorney’s fees and costs can only be awarded if the court finds the employee brought the wage and hour action in bad faith.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
Plaintiff Robert Rodriguez brought a putative class action against AT&T Mobility Services, LLC, on behalf of himself and all other similarly situated retail sales managers of AT&T wireless stores in Los Angeles and Ventura counties. Rodriguez asserted various claims under California law related to alleged unpaid wages, overtime compensation, and damages for statutory violations. Rodriguez filed his original complaint in Los Angeles County Superior Court and AT&T removed the case to federal court under 28 U.S.C. § 1332(d)(2) (the federal Class Action Fairness Act).Continue Reading The Ninth Circuit Holds that Lead Plaintiffs in a Putative Class Action Don’t Get to Plead Their Way Out of Federal Court
Summary of Program
The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain…
