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Employers Do NOT Need to Force Employees to Take Breaks
For the first time, a California appellate court has held that employers do not need to force their employees to take meal breaks. While several federal cases have found that employers do not need to...
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Brinkley, not Brinker – Another Meal Break Case
Another appellate court decision was issued today regarding whether an employer is obligated to ensure employees take required meal and rest breaks. In Brinkley v. Public Storage, Inc. (B20513), the...
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More Overtime Pay and Breaks for Farmworkers
California’s Labor and Employment committee passed SB1121 in a 4 to 1 vote yesterday. This bill, introduced by Senator Dean Florez, would amend Labor Code Section 554 relating to overtime payments as...
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Prevailing Employer in Meal/Rest Break Suit Entitled to Attorneys’ Fees
11/17/2010 Update: The California Supreme Court granted review of Kirby v. Immoos Fire Protection. We will have to wait for the Supreme Court’s decision to determine if I was correct. In 2000, the...
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3 Interesting Overtime Results
$4,385,000 settlement in class action case against DIRECTV, Inc: Michael Cicero, on behalf of himself and other installers, filed a class action lawsuit against DIRECTV alleging he and other installers...
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Robert Nuddleman to Speak on KQED Radio Regarding AB 889
I just received word that I will be a speaker on The Forum at 9:00 a.m. on Friday, August 12, 2011, regarding AB 889 – The Domestic Worker Bill of Rights. The producers read my blog post and thought I...
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Obama Directs DOL to Expand FLSA to Cover In-Home Care Workers
“President Obama announces a new rule that will ensure in-home care workers are included in the same minimum wage and overtime protections afforded to other workers under the Fair Labor Standards Act.”...
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Look Out Brinker and Brinkley, Here Comes Sharon
As employers and employee advocates eagerly await the California Supreme Court’s decision in Brinkley and Brinker regarding the lengths to which employers must ensure employees are afforded the...
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Recent Article Reveals Long Delays at State Labor Commissioner’s Office
A recent article from the Los Angeles Daily Journal (Vol. 125 No. 057, March 23, 2012) reports “Wage claims get uneven treatment, records show.” According to the article, data obtained through a...
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Do I Have to Pay Employees When They are Sleeping?
UPDATE: The California Supreme Court granted review of Mendiola v. CPS Security Solutions, Inc. in the fall of 2013. Until the Supreme Court issues its decision, employers may not be able to rely on...
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Being “On-Call” Does Not Consitute “Work”
The Second Appellate District published its decision in Augustus v. ABM Security Services, which overturned a trial court’s award of $90 million in statutory damages, interest, penalties, and attorney...
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