Class Certification Properly Denied to Sephora Workers Suing for Misclassification
February 26, 2015 - 1:28 PM
Today a California Court of Appeal issued its published decision in Mies v. Sephora, holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative employees. The Court of Appeal originally issued its decision as an unpublished decision in early February...
Ninth Circuit Seeks California Supreme Court Guidance on California’s Day of Rest Law
February 23, 2015 - 10:17 AM
California Labor Code section 551 provides that employees are entitled to one day’s rest in seven and that no employer shall cause an employee to work more than six days in seven. The statute exempts employees who do not work more than 30 hours per week, or who do not work more than 6 hours...
Federal Overtime Exemption Changes Likely to Occur in Upcoming Weeks
February 17, 2015 - 9:55 AM
The Department of Labor last updated its regulations related to the primary FLSA exemptions (administrative, executive, and professional employees) in 2004. President Obama called for changes to the regulations and a narrowing of the exemptions in 2014. Recent activities by the Department of Labor and Office of Information and Regulatory Affairs indicate that the Department...
California Supreme Court Grants Review in Independent Contractor Misclassification Case
February 3, 2015 - 7:10 PM
Last week the California Supreme Court granted the employer’s petition for review in Dynamex v. Superior Court, an independent contractor misclassification case in which the Court of Appeal held that the test for independent contractor versus employee status depends on whether the employee is alleging a violation of wage order provision or not....
California Court: On-Call Rest Breaks Are Permissible
February 3, 2015 - 12:10 PM
Last week a California Court of Appeal issued its published decision in Augustus v. ABM Security Services, Inc., overturning a $90 million class judgment against ABM based on its purported failure to provide its security guards with proper rest breaks. Although it was undisputed that the security guards regularly were provided with and took rest...
It Pays to Sleep on the Job in California
January 8, 2015 - 1:55 PM
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 uncompensated. The Court held that the...
San Francisco Retail Employers Must Comply With New Retail Workersâ€™ Bill of Rights in July 2015
December 15, 2014 - 11:10 PM
Continuing its trend of enacting burdensome ordinances requiring employers with employees in San Francisco to comply with specialized wage and hour requirements, the San Francisco Board of Supervisors has now passed two ordinances aimed at providing wage and hour protections for employees of “formula retail establishments.” These ordinances are collectively referred to...
2015 Standard Mileage Rate Announced
December 12, 2014 - 12:10 PM
Earlier this week, the IRS issued the 2015 optional standard mileage rates used to calculate the costs of operating a vehicle for business, charitable, medical or moving purposes. Beginning on January 1, 2015, the standard mileage rates are as follows:
57.5 cents per mile for business miles driven, up from 56 cents in 2014;
23 cents per mile driven for medical...
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