California Court Holds That Piece Rate Workers Must Be Paid at Least Minimum Wage for Non-Piece Rate Work Time

In early April, a California court issued a published decision holding that an employer who employs piece rate employees must compensate those employees at the piece rate for all piece rate work and at a rate of at least the minimum wage for each hour of non-piece rate work. It is not sufficient...

Prevailing Employer in Wage Case Can Only Recover Attorneys’ Fees if Claim Was Brought in Bad Faith

Employers may recall recent publicity in California over the extent to which an employer may recover its attorneys’ fees after prevailing in a wage and hour action. This is because Labor Code section 218.5 on its face provides that the prevailing party in any action brought for nonpayment of wages...

California Supreme Court Narrows Commissioned Salesperson Exemption

Last week the California Supreme Court continued its trend of issuing employee-friendly decisions, this time in a case involving the commissioned salesperson exemption. In Peabody v. Time Warner Cable , the plaintiff was a commissioned salesperson who sold advertising spots for Time Warner Cable [ an...

Employment-Related Bills Pending Signature By California Governor

The California Legislature has passed the following notable labor and employment bills, which are now awaiting approval or veto by Governor Brown: AB 1897 – This bill would expand liability for a contractor’s wage and hour violations to make the hirer of the contractor jointly liable for...

New California Law Makes Companies Liable for Wage Violations of Contractors

Yesterday, California’s Governor signed AB 1897 into law, notwithstanding tremendous opposition from business and trade groups. Under AB 1897, which takes effect January 1, 2015, a client employer will share civil legal responsibility and civil liability for all workers supplied by a labor contractor...