The California Supreme Court Announces Big Brinker Decision for Employees
The California Supreme Court just announced a big class action employment decision in Brinker Rest. Corp. v. Superior Court. The decision clarifies some laws as they pertain to employers and employees, and sets forth a simple three part test for meal period compliance. The Court specifically held that employer satisfies [its meal period compliance] obligation if it (1) relieves its …
Urbino v. Orkin Services of California – USDC Central Finds Class Action PAGA Waiver Unconscionable
In Urbino v. Orkin Services of California, the USDC Central Court (Judge Carney) Finds Class Action PAGA Waiver Unconscionable and joins a growing list of opinions finding AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) inapplicable in the California wage and hour class action contex.
Nicholas Laboratories, LLC v. Chen – No Indemnification for Action Against Employee
The Court held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee. The Court also concluded that Corporations Code section 317 has no application to limited liability companies.
I am Working Overtime and Not Being Paid, Is There Anything I Can Do?
Whether or not you should be paid for overtime worked depends on whether or not you are an “exempt” employee or a “non-exempt” employee. Employees who are exempt, generally salary employees, do not get paid overtime. However, non-exempt employees should be paid for those hours worked. Quintlaw.com Under both federal and California law, exempt employees are salaried executives, administrative and …
I am Working Overtime and Not Being Paid, Is There Anything I Can Do?
Under California Labor Code Section 515(a), to be exempt, you, as an employee must (1) Be “primarily engaged in duties that meet the test of exemption;” (2) “Customarily and regularly exercise discretion and independent judgment in performing those duties;” and (3) Earn “a monthly salary equivalent to no less than twice the state minimum wage for full-time employment.”