If timekeeping procedures have you fulfilling work duties after clocking out, even for a matter of minutes, courts indicate they are backing your right for compensation. While employers have previously used the federal de minimis doctrine as an excuse to not compensate employees for lcertain tasks (such as store closing procedures) that are required of employees after clocking out, recent rulings indicate California employees are entitled to compensation – no matter how brief the work. The … [Read more...]
Mid-Summer California Minimum Wage Increases – Reminders for Employees
Minimum wage requirements in local cities and counties throughout California recently increased. While employers should have been well prepared to comply, it’s in employees’ best interest to educate themselves on the distinctions of pay rate changes in their jurisdictions to ensure they are fairly compensated. The pay rate increases vary by city and county – and in many locations also vary by the type of employee and size of business. For example, hotel workers in certain locations are entitled … [Read more...]
Courts signal support for employee mobility
California companies’ authority to prevent employees from being recruited away by means of non-solicitation agreements appears to be crumbling. While we await the California Supreme Court to weigh in with an explicit ruling, several recent cases — particularly a decision in April — signal a shift in favor of employees. If you’re grappling with a former employer, we can help you understand your legal options as the law evolves. Non-solicitation provisions, which are fairly common in … [Read more...]
Court: Poor record keeping doesn’t let an employer underpay workers
If you’re working long hours but not getting overtime pay, the courts are on your side, even if you don’t have an exact record of all your hours. In a recent California case, an appeals court determined that a sales and marketing director who put in extra hours should receive a payout, even though the trial court had found his testimony about his work hours too vague to calculate damages. The employee, Terry Furry, worked for the East Bay Express, a weekly newspaper based in Oakland, … [Read more...]
If you’re on call, you must be paid: New ruling
If your employer requires you to be on call for work, you must be paid, even if you don’t end up actually working, according to a California appellate court. This can be a confusing gray area for employees, but the court made it crystal clear: Requiring employees to be on call but not paying them anything if they don’t work is “abuse,” according to a 2019 ruling. These flexible scheduling practices could apply to many industries — particularly consumer-facing roles such as sales staff, retail … [Read more...]
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