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Six cases that had been in grant and hold status with the California Supreme Court pending the decision in Brinker v. Superior Court were all transferred back to their respective Courts of Appeal today.  The six cases are: Brinkley v. Public Storage, Faulkinbury v. Boyd & Associates, Brookler v. Radio Shack Corp., Tien v. Tenet Healthcare, Flores v. Lamps Plus, and Hernandez v. Chipotle.  In all six cases, the Courts were instructed to vacate their prior…
In the few weeks since the decision in Brinker v. Superior Court, two court decisions that we know of have invoked the elements of Brinker in their discussions.  In the first case, the court in Schulz v. Qualxserve, LLC granted class certification to a group of field technicians who service and repair computers and are paid on a piece-rate basis.  Plaintiffs had made a variety of wage and hour claims, including missed meal and rest…
In an opinion filed on April 30th, the California Supreme Court held that attorneys’ fees are not awarded to the winners in cases involving meal and rest period claims.  In Kirby v. Immoos Fire Protection, Inc., the Court unanimously held that neither prevailing plaintiffs nor victorious employers can receive an award of attorneys’ fees in these types of cases.  An appeals court affirmed an award of fees to the employer after the plaintiffs dismissed their…
In the recent case of Mayers v. Volt Management Corp, (PDF) the Court of Appeal upheld the lower court’s denial of the employer’s motion to compel arbitration.  The employee had filed a complaint for violations of the Fair Employment and Housing Act (“FEHA”), and the employer moved to compel arbitration due to arbitration provisions signed by the employee in the application, employment agreement, and employee handbook.  The Court first distinguished the case from the…
The DLSE has issued a template for use by employers in complying with the notice requirements of the Wage Theft Protection Act.  As discussed in a previous blog post, the provision of specific information to each employee at the time of hire will be required beginning January 1, 2012.  In addition, the DLSE has posted an FAQ to assist in implementation of the notice requirements and the use of the template.  The template, available…
On the heels of another favorable appellate decision earlier this year, a recent Court of Appeal decision has held that employees are not entitled to reporting time pay when attending a scheduled staff meeting lasting less than two hours.  In the case of Aleman v. AirTouch Cellular (PDF), decided on December 21, the employee claimed that under the IWC Wage Orders he was owed reporting time pay for attending scheduled staff meetings on days where no other…
The issue of providing protection for the unemployed from discrimination in hiring has been discussed by my colleagues on this blog previously.  It continues to be discussed both in California and Washington D.C., and last week the U.S. Senate held a hearing on the barriers the jobless face in trying to become re-employed.  Christine Owens from the National Employment Law Center testified that the principal reason for our current high unemployment is a lack of jobs.  A…
Under the recently enacted AB 469, discussed on this blog previously, the Labor Commissioner must provide a template that employers can use in providing the required notice.  The Labor Commissioner has recently announced on the DLSE home page that this template will be available and posted in mid-December.  They will also be providing an FAQ to guide employers in complying with this new law.   This new law shouldn’t be too burdensome for employers already providing an offer letter to…
If you are an employer trying to follow all the rules, getting notice of a wage and hour complaint filed by one of your employees with the DLSE can be frustrating.  However, good preparation  and a solid set of employer policies will usually help you win the day.  If you’re not familiar with the Department of Labor Standards Enforcement (DLSE), they are the state agency responsible for enforcing statutes related to wages, hours of work, working conditions and payment of…
The NLRB decision in August in the case of Specialty Healthcare and Rehabilitation Center of Mobile radically changed the course of unit clarification decisions in non-acute health care organizations.  In their decision, the NLRB departed from the standard established in Park manor, which had adopted a special test for use in nursing homes and rehabilitation centers.  Instead, finding that the Park Manor approach was “obsolete”, the panel found that a group of Certified Nursing Assistants were an appropriate…