Michael S. Kun

Firm/Organization: Epstein Becker & Green, P.C.

Blogs: Hospitality Labor and Employment Law, Wage and Hour Defense Blog

Latest Articles

$102 Million Wage Statement Award Against Wal-Mart Will Likely Lead to More Wage Statement Class Actions in California

By Michael S. Kun on June 5, 2019

While it may be true that employees rarely even look at their wage statements, there is one group of persons who certainly do – plaintiffs’ lawyers. Or, more precisely, California plaintiffs’ lawyers. And after a stunning $102 million award against Wal-Mart for wage statements that the court concluded did not fully comply with California’s onerous wage statement laws, California plaintiffs’ lawyers are likely to look at their clients’ wage statements even more closely –…

Wage and Hour Defense Blog

Ninth Circuit Concludes That New California “ABC” Independent Contractor Test Applies Retroactively

By Michael S. Kun on May 2, 2019

In April 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, dramatically changing the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”). In so doing, the Court held that there is a presumption that individuals are employees, and that an entity classifying an individual as an independent contractor bears…

Wage and Hour Defense Blog

Compliance with the New Proposed DOL Salary Threshold May Create Challenges for Many Employers

By Michael S. Kun on March 12, 2019

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As we wrote in this space just last week, the U.S. Department of Labor (“DOL”) has proposed a new salary threshold for most “white collar” exemptions. The new rule would increase the minimum salary to $35,308 per year ($679 per week) – nearly the exact midpoint between the longtime $23,600 salary threshold and the $47,476 threshold that had been proposed by the Obama Administration. The threshold for “highly compensated” employees would also increase — from…

Wage and Hour Defense Blog

EBG’s Free Wage-Hour App Includes 2019 Minimum Wage Changes

By Michael S. Kun on January 22, 2019

For years, EBG’s free wage-hour app has put federal, state and local wage-laws at your fingertips. One of the most significant developments in wage-hour law in recent years has been the implementation of new state and local minimum wages, many of which just went into effect on January 1, 2019. EBG’s free wage-hour app includes those new 2019 minimum wages. Downloading the app couldn’t be easier. Available without charge for iPhone, iPad, and …

Wage and Hour Defense Blog

California Supreme Court’s Clarification of De Minimis Doctrine Leaves Many Questions Unanswered – and Does Little to Ease Plaintiffs’ Path to Class Certification

By Michael S. Kun & Kevin Sullivan on July 30, 2018

On July 26, 2018, the California Supreme Court issued its long-awaited opinion in Troester v. Starbucks Corporation, ostensibly clarifying the application of the widely adopted de minimis doctrine to California’s wage-hour laws. But while the Court rejected the application of the de minimis rule under the facts presented to it, the Court did not reject the doctrine outright. Instead, it left many questions unanswered. And even while it rejected the application of the rule…

Wage and Hour Defense Blog

The Ninth Circuit Concludes That the Terms of Taco Bell’s On-Premises Meal Periods Comply with California Meal Period Laws

By Michael S. Kun & Kevin Sullivan on July 23, 2018

On July 18, 2018, the Ninth Circuit issued a published opinion in Rodriguez v. Taco Bell Corp., approving Taco Bell’s on-premises meal periods for employees who choose to purchase discounted food. Like many food services employers, Taco Bell offers discounts on its food to its employees. And it requires that employees consume such food on premises. In Rodriguez, employees contended that requiring employees to consume discounted meals on premises results in a meal period…

Wage and Hour Defense Blog

Delivering a Tremendous Victory to Employers Facing Wage-Hour Class Actions, U.S. Supreme Court Upholds Use of Class Action Waivers in Arbitration Agreements

By Michael S. Kun on May 21, 2018

More than 7 months after hearing oral argument on an issue that will affect countless employers across the country – whether employers may implement arbitration agreements with class action waivers — the United States Supreme Court has issued what is bound to be considered a landmark decision in Epic Systems Corp. v. Lewis (a companion case to National Labor Relations Board v. Murphy Oil USA and Ernst & Young LLP v. Morris), approving the use…

Wage and Hour Defense Blog

California Supreme Court Adopts “ABC Test” for Independent Contractors

By Michael S. Kun & Kevin Sullivan on April 30, 2018

On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”). In so doing, the Court held that there is a presumption that individuals are employees, and that an entity classifying an individual as…

Wage and Hour Defense Blog

Download the All-New Version of Our Free App: The Wage & Hour Guide for Employers

By Michael S. Kun on April 17, 2018

In 2012, we were proud to introduce our free wage and hour app. Over the years, thousands of clients and potential clients have downloaded the app on their mobile phones and tablets. For 2018, we are pleased to introduce a brand-new version of the app, available without charge for iPhone, iPad, and Android devices. See our press release here. Importantly, the 2012 and 2014 versions of the app have been retired. If you…

Wage and Hour Defense Blog

California Court of Appeal Holds That “Joint Employers” Are Not Vicariously Liable For Each Other’s Alleged Meal Period Violations

By Michael S. Kun on March 14, 2018

In a case of first impression that may have a significant impact upon wage-hour class actions in California, the California Court of Appeal has held that “joint employers” are not vicariously liable for each other’s alleged meal period violations. In reaching this conclusion, the Court of Appeal affirmed an award of summary judgment in favor of a temporary staffing company in a class action where the plaintiffs sought to hold the staffing company liable for…

Michael S. Kun

$102 Million Wage Statement Award Against Wal-Mart Will Likely Lead to More Wage Statement Class Actions in California

Ninth Circuit Concludes That New California “ABC” Independent Contractor Test Applies Retroactively

Compliance with the New Proposed DOL Salary Threshold May Create Challenges for Many Employers

EBG’s Free Wage-Hour App Includes 2019 Minimum Wage Changes

California Supreme Court’s Clarification of De Minimis Doctrine Leaves Many Questions Unanswered – and Does Little to Ease Plaintiffs’ Path to Class Certification

The Ninth Circuit Concludes That the Terms of Taco Bell’s On-Premises Meal Periods Comply with California Meal Period Laws

Delivering a Tremendous Victory to Employers Facing Wage-Hour Class Actions, U.S. Supreme Court Upholds Use of Class Action Waivers in Arbitration Agreements

California Supreme Court Adopts “ABC Test” for Independent Contractors

Download the All-New Version of Our Free App: The Wage & Hour Guide for Employers

California Court of Appeal Holds That “Joint Employers” Are Not Vicariously Liable For Each Other’s Alleged Meal Period Violations

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