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In November of 2009 we wrote about Campbell v. Pricewaterhousecoopers, LLP, 602 F. Supp. 2d 1163, 1181 (E.D. Cal. 2009), which held that, as a matter of law, a putative class of unlicensed accounting professionals employed by PricewaterhouseCoopers LLP are precluded from exemption from California overtime requirements under the Professional Exemption and the Administrative Exemption set forth in California Wage Order 4-2001. The issue was certified and accepted for interlocutory appeal, and we filed…
This presentation was prepared by my colleagues David Faustman and Cristina K. Armstrong: 1.      Do we need to provide seats for our employees?   Yes. Section 14 of almost all of the Wage Orders provides the following: ·        All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats; and ·        When employees are not engaged in the active duties of their employment and the nature…
You may have recently read of certain criminal prosecutions arising out of workplace deaths, which are becoming more frequent in California. Section 6425 of the California Labor Code authorizes penalties for supervisors who have responsibility for the direction, management, control or custody of others where there is a willful violation of any occupational safety or health standard or order which results in the death of any employee. For a first offender, the statute authorizes a penalty…
On May 26, 2011, the U.S. Supreme Court held that individual states may require the use of E-Verify by employers as a prerequisite to doing business. Specifically, in Chamber of Commerce v. Whiting, the Court held that while the Immigration Reform and Control Act prohibits individual states from imposing “civil or criminal sanctions” on those who employ unauthorized aliens, the statute preserves state authority to impose sanctions “through licensing and similar laws.” As a result of this…
Get a load of this: The U.S. Department of Labor announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users conveniently can track regular work hours, break time and any overtime hours for one or more employers. This new technology is significant because, instead of relying on their employers’ records, workers…
The holding of this case is as follows: “we conclude section 2699, subdivision (f)’s civil penalties are available for a violation of section 1198, based on failure to comply with Wage Order No. 7, subdivision 14.”  And what it means is not great news for many of our clients.  Section 2699(f) is the business end of the Private Attorney General Act of 2004, which allows individuals to seek penalties for violations of the Labor Code.…
Summary judgment is difficult to win. We think it’s harder in California state court, which is why we typically try to remove cases to federal court. And it keeps getting harder. Sandell v. Taylor-Listug, Inc. is an example. The applicable procedural rule for summary judgment motions sounds fairly straightforward: “If the employer presents admissible evidence either that one or more of plaintiff’s prima facie elements is lacking, or that the adverse employment action was based…
Employers must provide reasonable accommodation to disabled employees. That’s the law. And the law is neither convenient nor efficient. But employers do not need to provide any requested reasonable accommodation. As a general matter, employers can choose between equally effective accommodations. Moreover, employers may make the determination that no reasonable accommodation is possible. For example, in Milan, the Plaintiff suffered a workplace injury on September 10, 2002. Then, on March 30, 2004, she “received a letter from the city terminating her employment.…