John Skousen

John Skousen

Fisher Phillips

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Latest Publications


California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more

3/3/2017 - Appeals Car Dealerships IWC Non-Exempt Employees Piece-Rate Pay Rest and Meal Break Sales Commissions Salespersons Wage and Hour Wage Orders

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more

3/1/2017 - Appeals Employee Commissions IWC Minimum Wage Non-Exempt Employees Piece-Rate Pay Rest and Meal Break Sales Commissions Wage and Hour Wage Orders

The Aggressive Push For Broad New Interpretations Of California’s Wage And Hour Laws

The past several years have been a difficult time for many California employers when it comes to wage and hour compliance. But if enterprising plaintiffs’ attorneys have their way, times will get even worse in the coming...more

1/4/2017 - Employer Liability Issues Legislative History Minimum Wage PAGA Rest and Meal Break Sick Leave Wage and Hour

IT Workers Lose Class Certification Battle

Perhaps no field of class action litigation in California is more fraught with complex certification issues than determining whether the administrative exemption applies to network, internet, and database administrators or...more

10/4/2016 - Class Certification Federal Rules of Civil Procedure Information Technology Putative Class Actions Rule 23(b)(3) White-Collar Exemptions

A Bump in the Road for California’s Piece Rate Employers

On Monday, July 25, 2016, the Fresno County Superior Court denied a request to postpone the deadline for qualified employers to notify the Department of Industrial Relations (DIR) of their election to participate in the...more

7/28/2016 - Affirmative Defense Filing Deadlines Labor Code Piece-Rate Pay Preliminary Injunctions Safe Harbors

New Court Decision Lends Further Guidance To Meal And Rest Period Scheduling

California employers continue to struggle with how to comply with their obligation to provide meal and rest periods to their non-exempt employees. Although the California Supreme Court’s groundbreaking Brinker decision from...more

7/5/2016 - Best Management Practices Brinker Labor Code Non-Exempt Employees Rest and Meal Break Wage and Hour

California Employers Will Soon Face Increased Wage-And-Hour Obligations

New Federal Regulations Include A Higher Minimum Salary Requirement - As of December 1, 2016, the minimum salary for salaried exempt employees under the federal Fair Labor Standards Act (FLSA) will increase from $455 to...more

5/19/2016 - DOL FLSA Minimum Salary Multi-Factor Test White-Collar Exemptions

California Approves Nation's First Statewide $15.00 Minimum Wage

Today California Governor Jerry Brown signed into law a sweeping plan that will eventually increase the statewide minimum wage from $10.00 to $15.00 per hour. While the state of New York announced a deal last week that will...more

4/5/2016 - Corporate Counsel Jerry Brown Local Ordinance Minimum Wage Small Business

California Governor Agrees To Unprecedented $15.00 Minimum Wage

On Monday, March 28, 2016, California Governor Jerry Brown, flanked by union and state government officials, announced an agreement with state legislators to increase the statewide minimum wage from $10.00 to $15.00 per hour....more

4/1/2016 - Jerry Brown Minimum Wage New Legislation

California Employers Will Be Facing New "Break Wars" In The New Year

Although meal periods have occupied central stage in class action litigation over the past decade in California, rest-period litigation will soon join the “break wars.” A new law that just took effect on January 1, 2016...more

1/4/2016 - Corporate Counsel Employer Liability Issues Minimum Wage New Legislation Rest and Meal Break Wage and Hour

How Employers Can Combat Timecard Fraud And Employee Wage Theft

There is nothing so central to wage-hour laws than the sacred domain of “hours worked.” The concept is simple: employees record the time they spend working, and from this data employers generate labor budgets and employee pay...more

10/6/2015 - Employment Policies False Claims Act (FCA) Falsified Documents Federal Contractors Fraud Restitution Theft Wage and Hour Wage Theft

Answering The Call

California leads the nation in vigilantly regulating the conditions which constitute “hours worked.” Definitions are established, modified, and expanded by the California Labor Code, its Wage Orders, and decisions by...more

4/1/2015 - FLSA Labor Code On-Call Employees Security Guards Wage and Hour

It's Payback Time: Reimbursement Of Employee Expenses Is A Hot Issue In California

As class actions continue to plague employers in California, one area that is often overlooked is expense reimbursement. The California Labor Code makes clear that employers must indemnify employees for all necessary...more

10/7/2014 - Corporate Counsel Employee Rights Employer Liability Issues Indemnification Reimbursements Wage and Hour Wages

Federal Court Limits California's Wage-Hour Laws

Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....more

10/3/2014 - Employee Rights Oracle Over-Time Unpaid Overtime Wage and Hour Wages

Happy 2014 – Gear Up For New Wage And Hour Laws

As the new year begins, California employers, already weary from added wage and hour laws and regulations enacted over the past several years, have yet more to comply with. Here are the highlights....more

1/9/2014 - Compliance Employee Rights Employer Liability Issues Minimum Wage Rest and Meal Break Wage and Hour

California Wage/Hour Update, No. 4, October 2013: California's Regular Rate: Getting It Right Can Save Money

With the increasing focus on wage-and-hour litigation, the issue of an employee’s “regular rate” arises in most every case involving alleged unpaid overtime. It also factors into an employer’s payroll, each and every pay...more

10/4/2013 - FLSA Unpaid Overtime Wage and Hour Wages

California Wage/Hour Update No. 3, July 2013: Court Clarifies Impact Of Multi-Tasking On Exempt Status

The salaried exemptions remain an actively litigated area in employment litigation. In order to be exempt from overtime and related regulations governing timekeeping and meal and rest periods, it’s not enough that an...more

7/4/2013 - Exempt-Employees Misclassification Non-Exempt Employees Over-Time Wage and Hour

California Wage/Hour Update, No. 2 - April 2013: "Late Breaking" News

Boss: Time for your lunch break. Employee: Naw, I’ll just finish up what I’m working on and take my break later. Boss: That’s fine with me, but you are free to go now. Employee: Gotcha! Now you owe...more

4/4/2013 - Rest and Meal Break Time Warner Wage and Hour Wages

California Wage/Hour Update, No. 1, January 2012: New Rules For Commission-Paid Employees Take Effect January 1, 2013

Effective January 1, 2013, a new California law requires that employees entering into employment agreements which involve compensation, even in part, on a “commission” basis must be provided a written contract which sets...more

1/10/2013 - Employment Contract Wages Written Agreements

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