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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...

California Considering Minimum Wage Hike

California's Legislature is considering AB10 this session, which would increase California's minimum wage from the current $8 per hour to $8.25 per hour next year, to $8.75 per hour in 2015, and to $9.25 per hour in 2016. Beginning in 2017 and thereafter, the minimum wage would be automatically...

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...

It Pays to Sleep on the Job in California

Today the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc ., addressing the issue of whether security guards working 24-hour shifts have to be paid for all 24 hours or whether 8 hours of sleeping time (during which the security guards are simply on-call) may be...

Class Certified on Claim That Employer Lacked a Policy of Paying Meal Period Premium Pay

California courts unfortunately have issued a number of poor class certification decisions in wage and hour cases, and now there's another one to add to the list. In one of the most unbelievable class certification cases this author has read, the court in Safeway Inc. v. Superior Court (Esparza)...