Employers Liable for Leaving Employees Standing

Many California employers have unfortunately already faced a wage and hour claim (or worse yet a class action lawsuit) alleging misclassification of employees for overtime purposes and/or meal period and rest break violations. Those claims continue to be filed in overwhelming numbers, and employers are well advised to (1) audit all job positions which that employer considers exempt from overtime, and (2) develop a strict meal period and rest break compliance program. A recent California court of appeal case entitled Bright v. 99¢ Only Stores has now further expanded the types of wage and hour claims with which employers will likely be confronted.

In the 99¢ Only Stores case, the employee alleged that cashiers were not provided with chairs as required by Wage Order No. 7, subdivision 14, which states...

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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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