Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) -
Summary: Federal law preempts California’s meal and rest break...more
2/12/2021
/ Arbitration Agreements ,
Commercial Truck Drivers ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FMCSA ,
Independent Contractors ,
Labor Code ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) -
Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more
12/14/2020
/ ABC Test ,
Arbitration ,
Arbitration Agreements ,
Business & Professions Code ,
Confidential Information ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Policies ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Non-Compete Agreements ,
Preemption ,
Sexual Harassment ,
State Labor Laws ,
Unfair Competition Law (UCL) ,
Wage and Hour
Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) -
The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more
2/12/2020
/ Administrative Complaints ,
Appeals ,
Class Action ,
Commercial Truck Drivers ,
Concurrent Litigation ,
DFEH ,
Employer Liability Issues ,
Equitable Tolling ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
FEHA ,
Jury Trial ,
Medical Leave ,
Minimum Wage ,
Police ,
Policies and Procedures ,
Preemption ,
Reaffirmation ,
Rest and Meal Break ,
Reversal ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Statute of Limitations ,
Summary Judgment ,
Traveling Employee ,
Wal-Mart ,
Workers' Compensation Claim