CA Wage/Hour Update - April 2011 - No. 2


In This Issue:

“Pay Stub” Rulings Continue Recent Decisions Carve Out The Distinctions Between Frivolous And Successful Claims By Christina Kotowski (San Francisco) and John Skousen (Irvine)

Earlier this year, a case reinforced yet again the need for employers to pay close attention to the specific requirements of the California Labor Code – this time, the itemized wage statement requirement in Labor Code section 226(a). Heritage Residential Care, Inc. v. Division of Labor Standards Enforcement.....

Labor Commissioner Hearings Cannot Be Waived By Arbitration Agreements By Bruce Larson (Irvine)

The Labor Code gives aggrieved employees the right to file a claim for unpaid wages and other similar violations with the Division of Labor Standards Enforcement. These claims are decided by a deputy labor commissioner in an administrative hearing, sometimes called a “Berman” hearing. The process is more streamlined than a proceeding in court, and is “designed to provide a speedy, informal, and affordable method of resolving wage claims.” If either party does not agree with the deputy labor commissioner’s decision, they can appeal to the superior court in a process called a “trial de novo.....”

Non-Exempt Employees Can Agree To A Salary That Includes Overtime

By Neal Fisher (Irvine)

A California appellate court ruled that Labor Code section 515 does not outlaw clear wage agreements that provide for salaries that include fixed amounts of overtime. Arechiga v. Dolores Press, Inc.....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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