Many of our employer clients and their in-house counsel recognize that most of the claims paid in an employment settlement are taxable income for the employee. Employers therefore, wisely require that at least some of the settlement payment to the employee be made in the form of a payroll check, with
The Ninth Circuit Holds that Lead Plaintiffs in a Putative Class Action Don’t Get to Plead Their Way Out of Federal Court
By Ramona Carrillo on
Posted in Wage & Hour
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
Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity of outside salesman," for example, are exempt from the statute’s minimum wage and maximum hour requirements. Whether mortgage loan officers (who typically assist prospective borrowers in identifying and then applying for various mortgage offerings) qualify for this "administrative exemption" has been the subject of some debate, even within the Department of Labor.Continue Reading Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
Definition of “Public Works” Broadened to Include the Assembly and Disassembly of Freestanding and Affixed Modular Office Systems
By Ramona Carrillo on
Governor Brown signed AB 1598 on September 30, 2012, amending Labor Code section 1720 relating to public contracts. The existing law defines the term “public works” for purposes of imposing certain requirements in the payment of prevailing wages. Existing law generally defines “public works” to include construction, alteration, demolition, installation, or…
Wage and Hour Refresher: Are You Committing a Misdemeanor?
By Ramona Carrillo on
Posted in Wage & Hour
By: Chuck Post
Because employers and employees have the right to reach agreement as to the terms, conditions and nature of the work, many employers believe that anything they can get an employee to agree to is legal and permissible. This notion can lead an employer into a violation of law. Some obligations, however, such as the obligation to pay overtime to non-exempt workers, the provision of worker’s compensation, and the obligation to provide a safe work environment (to name just a few) cannot be bargained away. An employee’s agreement to surrender these statutory protections is void, and can also constitute a violation of criminal law.Continue Reading Wage and Hour Refresher: Are You Committing a Misdemeanor?