News & Analysis as of

IWC

McDonald’s Corp. Dismissed from Suit Over Wage Violations at Franchises - Ostensible Agency Theory Rejected by Court

by Best Best & Krieger LLP on

A class action attempt to establish joint employer liability between franchisor McDonald’s Corporation and its franchisee for allegedly unpaid wages through an ostensible agency theory was brought to an end recently by a...more

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

by Snell & Wilmer on

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

Wage and Hour Compliance: The World of Wage Orders

by McManis Faulkner on

Wage orders are an oft forgotten feature of the employment law landscape, but one which may trip up employers. Employers should take steps to understand what wage order applies to their business, and make sure they are in...more

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

by Fisher Phillips on

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

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

by Fisher Phillips on

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

No Rest for the Weary: California Law on Rest Breaks

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s rules on rest breaks are still developing. Recent cases have addressed the timing of rest breaks, and whether employees (particularly those who remain “on call”) must be relieved of all duty...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

by Littler on

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

New Regulations Clarify Time Off Under California Family Rights Act

by Davis Wright Tremaine LLP on

In recently published amendments to its regulations, the California Fair Employment & Housing Council (FEHC) has clarified formerly confusing rules and brought the California Family Rights Act (CFRA) into closer parallel to...more

California Supreme Court Agrees to Consider Whether California Health Care Workers Can Lawfully Waive a Second Lunch Period.

This week, the California Supreme Court agreed to review the decision in Gerard v. Orange Coast Memorial Center, No. G048039 (February 10, 2015), where the California Court of Appeal partially invalidated the Industrial...more

Ninth Circuit Holds Employees Are Not Required To Allege a Request for “Suitable Seats” For Their Claims to Proceed

Last week in Green v. Bank of America Corp., No. 11.56365 (9th Cir. Feb. 13, 2012), the Ninth Circuit held that “suitable seats” lawsuits cannot be dismissed at the pleading stage based on an employee’s failure to allege that...more

California’s Wage Orders: Landmines and Goldmines

by Snell & Wilmer on

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more

Everything You Always Wanted to Know about Compensatory Time Off and Makeup Time, but Were Afraid to Ask

by Ervin Cohen & Jessup LLP on

“Compensatory time off ” and “makeup time” are concepts often invoked as convenient methods to address the needs of both the employer and the employee. Indeed, numerous California employers permit compensatory time off and...more

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