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
Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule
Weintraub Tobin’s 2018 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule.
If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact:
Ramona Carrillo
(916) 558-6046
rcarrillo@weintraub.com
Warning! Know Your Payroll Service Contract!
Many – maybe even most – contracts issued by major payroll processing services contain traps for the unwary. Many employers I speak with turn over all payroll processing responsibilities, including issuance of accurate checks and wage statements and record storage, to their payroll processing service.
This may be a big mistake.
When faced with an
Upcoming Seminar: The Good, The Bad and the Ugly – Documentation in the Workplace
The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.
Program Highlights:
- Postings, notices, and document retention under various federal and state
VICTORY FOR EMPLOYERS…. The U.S. Supreme Court Holds that Employees are Not Entitled to Compensation for Time Spent Going through Employer’s Security Screening
The United States Supreme Court issued its decision in Integrity Staffing Solutions, Ins. v. Busk on December 9, 2014 and reversed the Ninth Circuit Court of Appeal in a much awaited wage and hour decision concerning the issue of “compensable time” under the federal Fair Labor Standards Act (“FLSA”).
The facts of the case are very straight forward. Integrity Staffing Solutions, Inc. (“Integrity”) required its hourly non-exempt warehouse workers (who retrieved products from warehouse shelves and packaged them for delivery to Amazon.com customers), to undergo a security screening before leaving the warehouse each day. A number of former employees sued Integrity alleging, in part, that they were entitled to compensation under the FLSA for the roughly 25 minutes each day that they spent waiting to undergo and undergoing those screenings. The employees also alleged that the company could have reduced that time to a de minimis amount by adding screeners or staggering shift terminations and that the screenings were conducted to prevent employee theft and, thus, for the sole benefit of the company and its customers.
Continue Reading VICTORY FOR EMPLOYERS…. The U.S. Supreme Court Holds that Employees are Not Entitled to Compensation for Time Spent Going through Employer’s Security Screening