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Bulletin: Labor Commissioner obtains $3.9 million judgment against janitorial service
August 2010
The Labor Commissioner has obtained a default judgment in a lawsuit to enforce Labor Code Section 2810. The law makes it illegal to . . . more
Legislation: The Potential New Laws That California Employers Need to Know About
August 2010
When it comes to new employment legislation, it's best to take the Boy Scouts' advice and be prepared. Here are some summaries of significant legislation pending in Sacramento that could affect you, your employees, and your bottom line. . . . more
Compensation: Nonexempt Employees File Wage and Hour Class Action Against Bank; Tips for Preventing Similar Claims
August 2010
California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime. . . . more
Wage and Hour: Court Rules Federal Contractors Must Comply with California Pay Rules; Tips for Doing a Self-Audit
June 2009
If you're a federal contractor, you know all too well that there are a lot of federal rules to keep track of. Now, a recent California appeals court decision has just made your job a little harder . . . more
News Note: Wal-Mart Settles Break Suit for $54.25 Million
February 2009
etail giant Wal-Mart has agreed to pay up to $54.25 million to settle a lawsuit accusing the retailer of violating hours of work and break laws . . . more
Meal and Rest Periods: Another Court Says No Requirement to Ensure Employees Take Breaks; Plus, What the DLSE Is Saying
January 2009
Meal and rest period rules are in a state of flux. Some experts, like attorney Marc Jacuzzi, a speaker at the Employer Resource Institute's (ERI's) recent 2008 California Employment Law Update conference, would call things "a mess." . . . more
Meal and Rest Breaks: Court Eases Rules for Employers; Should Mean Fewer Class Action Suits
September 2008
Do you have to ensure that employees take meal and rest breaks? Can you ever permit employees to work more than five consecutive hours without a second meal break? These questions and others have been at the heart of the onslaught of wage-hour class actions filed against California employers in recent years. Now, a significant new California appeals court ruling provides some clear answers and welcome flexibility for employers. . . . more
Class Action Waivers: Appeals Court Strikes Down Class Action Waiver in Arbitration Agreement
CEA Online Exclusive
Check 'N Go of California, Inc., a payday loan company, asked employees to sign a dispute resolution agreement. The agreement required arbitration of employment disputes (with some specific exceptions), including claims that the agreement itself was unfair. It also included a class action waiver, stating that for disputes the agreement covered, neither the employee nor the . . . more
News Notes: Court Refuses To Certify Wage-Hour Class Action
March 2008
In a case that underscores the importance of having written meal and rest break policies, a California appeals court has refused to certify a class action lawsuit charging H.F. Cox, Inc., a Bakersfield petroleum transport company,with denying meal and rest breaks to its drivers. . . . more
News Note: Hours Of Service Limits Retained For Truckers
February 2008
The Federal Motor Carrier Safety Administration (FMCSA) has issued an interim final rule that will continue to limit truckers to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours. . . . more
Meal Periods: Ruling Provided Important Meal Period Guidance, But Status Now Uncertain
January 2008
Recently, a California appeals court offered important guidance on employers' meal period obligations. Unfortunately, the ruling's status is now up in the air, as the decision has been wiped off the b . . . more
Meal Periods: Court Sheds Light on Issue of Providing Meal Breaks; Decision May Help Limit Employer Liability
October 2007
In California, meal periods of no less than 30 minutes must be provided for an employee who works at least five hours, and two 30-minute meal periods are required for work shifts of more than 10 hours. Are employers responsible for making sure employees take their meal breaks . . . more
News Notes: PAGA Actions Don't Have to Follow Class Action Rules, Court Says
October 2007
A new California appeals court decision highlights the relative ease with which employees can sue employers for Labor Code violations and expand the lawsuit to cover other employees . . . more
Wage and Hour: Important Ruling Expands Damages Available for Break Period Violations; What to Do Now
June 2007
In a major new decision that could open the floodgates for even more wage and hour litigation in California, the state's high court has unanimously ruled that the extra hour of pay for missed breaks mandated by California Labor Code Section 226.7 is a wage . . . more
News Notes: Post Office Sued for Requiring Worker to Take Lunch Break
May 2007
In an interesting twist, the U.S. Postal Service (USPS) has been hit with a lawsuit claiming that its requirement that employees take their lunch breaks amounted to disability discrimination for one postal clerk . . . more
News Note: Loan Company to Pay $13.6 Million in Wage-Hour Settlement
April 2007
E-Loan Inc. has agreed to pay out up to $13.6 million to settle a wage and hour class action lawsuit charging overtime and meal period violations involving approximately . . . more
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