Countless California employers unwittingly set themselves up for Wage and Hour lawsuits – even class actions – on a daily basis. Understanding employee / independent contractor classifications, classifying workers as “exempt” vs. “non-exempt”, applying state and federal overtime rules, rest and meal period violations, using comp time and other time-keeping issues are all critical watch points. Mistakes here cost companies like yours enormous sums of money when class action suits are filed. You are well-advised to consult employment lawyers to minimize these risks and aggressively defend resulting lawsuits.
Unless you have had the misfortune of being sued by your employee on a wage claim, this will likely come as a surprise. If you are even a day late in paying wages to the employee you just terminated or who quit, you will owe a “penalty” on top of the wages due. The penalty can be up to 30 …
Continue Reading »“Class action” lawsuits based on labor law violations threaten large and small businesses throughout California. Wage and hour laws are designed to protect laborers against unfair practices by employers and are some of the oldest labor laws in the nation. But today, class-action lawsuits allow a single “representative” plaintiff and their attorney to prove his or her case against an …
Continue Reading »A Vision Law® attorney attended the live oral argument before the California Supreme Court in San Francisco on November 8, 2011 on a case involving an employer’s obligation under California law on rest periods and meal periods.
It is astonishing that the highest court of the State of California must rule on whether adults in California workplaces must take 10 minute …
After years of waiting, and $millions (if not $billions) in legal fees, settlements and damages paid by California businesses, the California Supreme Court has issued its rest and meal period decision in the Brinker Restaurant case.
The Brinker Court fashioned practical rules somewhat favorable to employers. The key question was whether California employers had to force/police employees to take their meal periods, …
Continue Reading »California law requires an off duty unpaid meal period of at least 30 minutes for every five hours worked. The failure to provide the meal period results in a penalty of one hour at the employee’s regular hourly rate of pay (Labor Code section 226.7 – mandated meal or rest periods).
California has two exceptions to this rule that are often …
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