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Wage & Hour

Back to Minimum Wage & Overtime
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News Note: Unpaid Wages of $44.63 Don't Justify $46k In Attorney's Fees
May 2008
What's a "reasonable" attorney's fee in a wage and hour lawsuit? A California appeals court in Los Angeles explored this issue in a recent case in which Michael Harrington sued a payroll provider to recover $44.63 in unpaid wages. He filed the case as a class action but then . . . more
Wage and Hour: Court Looks at California's Paycheck Cashing Rules; Avoiding Missteps
April 2008
A new case puts the focus on the importance of complying with Labor Code paycheck rules, particularly the requirements that employees have a free means of cashing their paychecks here in the state . . . more
News Notes: Wage Rulings Don't Preclude Fraud Lawsuit
April 2008
Joaquin Noble and several other former employees of Cha-Cha's Cocina Mexicana in Sacramento County filed successful labor commissioner wage claims against the restaurant and its owner, . . . 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: Labor Code Doesn't Trump Stock Option Forfeiture Provision
March 2008
Suppose you offer employees an incentive compensation plan that allows them to use a portion of their annual earnings to buy stock in your company at a below-market price, but if an employee resigns or is discharged for cause within a specified vesting period, purchased stock is forfeited. . . . 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
Makeup Time: Sample Policy and Request Form
CEA Online Exclusive
California wage and hour law allows an employee who takes time off for a personal obligation to make up that work time in the same workweek, at straight-time pay—even if the employee works more than eight hours on a makeup day. The makeup time is not counted in the total number of hours worked when . . . more
Bulletin: Special Report included with this issue: "What's New for 2008—Workplace Developments and What California Employers Must Do to Comply"
February 2008
Now that 2008 is here, are you up to speed on your compliance requirements? Our exclusive Special Report covers the key California workplace-related legislation, court decisions, and other developments from the past year. And to help you stay on top of the changes for the new year, we've included a compliance action checklist. . . . more
Bulletin: Time off to vote reminder
February 2008
The California presidential primary election will be held on Tuesday, February 5. Polls will be open from 7 a.m. to 8 p.m. Employers must allow employees to take paid time off to vote if they don't have sufficient time outside of work hours, but you don't have to pay workers for more than . . . more
Wage and Hour: Do You Have to Pay Employees When the Office Must Close in a Disaster?
CEA Online Exclusive
The October wildfires that flared up across California are a stark reminder that disaster can strike at any time and could result in workplace closures. Do you know how to handle employee pay in this situation, particularly when . . . more
Bulletin: State minimum wage increases next month
December 2007
As of Jan. 1, 2008, California's minimum wage will be $8.00 per hour, up from the current hourly rate of $7.50. Also on January 1, the new lowered minimum . . . more
Exempt Employees: Deductions for Disability Leave Didn't Violate Salary Basis Rule; Tips for Reviewing Your Plan
December 2007
Under California and federal law, an exempt employee must receive his or her full salary for any week in which the person performs any work, regardless of the quality or number of hours worked. This is known as the . . . more
Employment Lawsuits: State High Court Deals Employers a Blow Regarding Arbitration of Overtime Claims; Practical Impact
November 2007
Although employers have received some welcome rulings from the California Supreme Court over the past few months, a new high court decision squelches a tool some employers had used to prevent class action lawsuits in the . . . more
News Notes: Settlement Agreement Didn't Bar Wage Claim
November 2007
The Ninth Circuit Court of Appeals has ruled that an overtime settlement supervised by the U.S. Department of Labor (DOL) and contained in a DOL settlement form (Form WH-58) didn't release an employee's claims for . . . more
News Notes: Claims Adjusters Don't Qualify for Overtime Exemption
November 2007
Liberty Mutual's claims adjusters investigated and estimated claims, made coverage determinations, negotiated settlements, and identified potential fraud. The claims adjusters sued the insurer for back overtime pay, claiming . . . more
News Notes: FedEX Drivers are Employees, Not Contractors, Says Court
November 2007
A California appeals court has upheld a ruling that FedEx drivers who sued the company over work-related reimbursements were employees rather than independent contractors. The drivers were totally integrated into the . . . more
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