Labor & Employment

State law limits on wage borrowing permit compensation schemes that promise to compensate all hours worked at a level at or above the minimum wage, even if particular components of those schemes fail to attribute to each and every compensable hour a specific amount equal to or greater than the minimum wage.  The no-borrowing principle--that an employer cannot "borrow" compensation… Read More

Defendant required its service technicians to drive their personal vehicles to their first off-site service call of the day and from the last service call of the day.  Plaintiff claimed that defendant was required to pay the technicians minimum wages for the time so spent and to reimburse them for the expense of driving to and from the first and… Read More

Under Wage Order 16, an employer must pay a worker at least the minimum wage for mandated travel time between the place where the employer first exerts control over the employee and the place where the employee performs work.  Here, the employee was entitled to minimum wage for all time spent from the check in point, waiting for and then… Read More

Labor Code sections 558 and 1197.1, allow the Labor Commissioner to sue for set civil penalties in addition to an amount sufficient to recover underpaid wages if an employer fails to pay overtime wages or minimum wages as required by California law.  This decision holds that in a PAGA suit, the employee plaintiff may recover only the set civil penalty… Read More

Summary judgment was improper where questions of fact remained as to whether the plaintiff was a domestic work employee of defendant caregiver placement agency for purposes of the Domestic Worker Bill of Rights, Lab. Code 1450 et seq., rather than an independent contractor as the defendant claimed. Read More

After employee provided uncontradicted evidence that he worked overtime hours he could not be denied compensation merely because his employer failed to keep accurate time records of the employee's hours of work; rather, at that point the employee's memory of time spent on special projects sufficed, and the burden shifted to the employer to disprove the claimed hours. Read More

Union members need not arbitrate state statutory claims unless their collective bargaining agreement clearly and unmistakably consigns the claims to arbitration, expressly mentioning the statute or the rights it confers. Read More

Despite good faith efforts to comply, defendant employer’s time records and payroll records showed that 75% of the workers who worked between five and five and a quarter hours were not given meal breaks or missed meal break pay, so trial court correctly entered judgment finding employer liable for penalties. Read More

Although she taught a standard half-hour religion course each day, a fifth-grade teacher at a Catholic school was not a “minister” and so could sue the school for violating the Americans with Disabilities Act by firing her after it learned she was diagnosed with cancer. Read More

Trial court properly declined to certify a class in putative wage and hour class action brought by property inspectors because even though common questions predominated, the plaintiffs' proposed trial plan of proving liability by means of an expert's testimony based on a double-blind survey he conducted of a random sample of class members was unmanageable, inadequate, and unfair. Read More

A court's interest in regulating its workforce to ensure that the judicial process appears impartial to all appearing before it justifies the court's rule banning employees from advocacy activity, such as wearing clothing or adornments with writings or images advocating a cause. Read More

An employer may legally round the actual clock in and out times for workers to the nearest 10th or 4th of an hour so long as the rounding doesn't overall disadvantage workers, and this is true for meal and rest breaks as well as the work day as a whole. Read More

The Industrial Welfare Commission may exempt health care workers from the Labor Code provision allowing a waiver of second meal breaks only for shifts of 12 hours or less. Read More

Employees of a private firm who, under the firm's contract with a county sanitary district, sorted recyclables from a conveyor belt at a district-owned facility, were engaged in public work to which the prevailing wage law applied.  Read More

Putative class representatives were not entitled to intervene in a parallel class action to object to settlement as they could preserve their rights by opting out or by objecting to the settlement and moving to vacate judgment approving the settlement. Read More

Since an employer must pay workers for time spent on employer-provided transportation only when the employer requires the workers to use that transportation, defendant was not required to pay its technicians for time they spent driving from home to their first appointment of the day using company vehicles, because employees could return the company vehicles at the end of each… Read More

The trial court did not abuse its discretion in awarding fees to a prevailing plaintiff in an individual FLSA retaliation claim, properly apportioning total fees among several plaintiffs, and attributing to this prevailing plaintiff only those fees reasonably incurred in prosecuting her individual claims. Read More

The arbitration clause in a law firm’s partnership agreement was unconscionable and unenforceable because it required the lawyer/partner to pay half the arbitration costs and her own attorney fees, because it restricted the arbitrators’ ability to “override” or “substitute [their] judgment” for that of the law firm’s management, and it required confidentiality about all arbitrations. Read More

Defendant’s one-year non-compete clause was illegal and unenforceable under Business & Professions Code 16600 since it sought to bar former employees from soliciting the employment of any other current employees. Read More

A PAGA pre-suit notice of a Labor Code violation need not meet pleading standards or include evidence, but it must include sufficient detail to give the employer adequate notice of the nature of the violation. Read More