Employers in California increasingly find themselves in an untenable position with respect to potential privacy concerns. On the one hand, the business disadvantages and legal risks of hiring and retaining employees who are incompetent or who otherwise create liability concerns are serious and growing. On the other hand, state and federal laws explicitly forbid the […]
Beginning in 2009, Plaintiff Terri Brown filed an original notice of wage and hour violations with the California Labor and Workforce Development Agency (LWDA) of alleged Labor Code violations against her employer, Ralphs Grocery Company and its parent company, The Kroger Co., which was one of the conditions of filing a Private Attorneys General Action […]
What is de minimis work and why should the employer bear the burden? De minimis work might include those extra tasks that might still need to be completed once the “time clock” is turned off…but are considered to be insignificant and irregular. But a few extra minutes, on a regular basis, can really add up […]
In October 2003, Gov. Gray Davis passed the Labor Code Private Attorneys General Act (PAGA) into law which authorizes aggrieved employees to file lawsuits to recover civil fines and penalties for violations of the State of California Labor Code on behalf of themselves, other employees and the State of California. Previously, this could only be done by […]
While defending developers Westlake Villas, LLC and Meer Capital Partners, LLC (Westlake) during a prior construction defect action, Travelers, et al. paid out attorneys’ fees and costs which they were then forced to file this action as a means of recovering monies paid out. Based on alleged subrogation or substitution to the rights of its […]
Whenever I do a presentation to employers, the question of firing an employee before or after the probation period has been completed is one of the most frequently asked questions. Even if an employee has extremely strong credentials, the true test of how well he or she will do on the job comes from after […]
Larry Burkes filed a complaint with the Labor Commissioner’s office against his employer Damon Robertson (d.b.a. All Ways Delivery) for unpaid overtime wages, waiting time penalties, liquidated damages and interest, which resulted in an award of $81,565.34 being granted to Burkes on June 21, 2016. Robertson filed a pro se notice of appeal with the […]
If you were a farm worker who worked in the fields of California, how might you decide to get to work? According to the Migrant Seasonal Workers Protection Act (MSPA), as part of the compensation package offered to farm workers in the state of California, there should be free transportation back and forth to the […]
A law firm office manager/paralegal quit her job via email after working hours had ended on a Friday, expected a check, in the amount due to her for unpaid vacation time, within the 72-hours following her email. According to California Labor Code §202, it is required that employers are to “pay all owed wages to […]
The Associated Builders and Contractors of California Cooperation Committee Inc. (ABC-CCC) was found by the U.S. District Court for the Southern District of California to lack standing to press its equal protection claim where they challenged an amendment to the California labor code that permits employers to take a wage-credit only with employee consent because […]