Overtime – AshiLegal

An employer is only liable to pay a premium for “overtime work” as defined in CBA and not Section 510

Posted on February 24, 2014February 25, 2014 by Ashish Gautam Posted in Collective Bargaining Agreement (CBA), Hours Worked, Minimum Wages, Overtime, Unpaid Wages Tagged CBA, overtime

Vranish v. Exxon Mobil Corporation (2014) 223 Cal.App.4th 103, 166 Cal.Rptr.3d 845 Plaintiffs were represented by a labor organization and their employment governed by the terms of a collective bargaining agreement (CBA). As per the CBA, Plaintiffs were regularly scheduled […]

New Amended Section 218.5 restricts recovery for attorney fees by prevailing employer only to claims brought in bad faith

Posted on February 24, 2014February 24, 2014 by Ashish Gautam Posted in Attorney fees, Damages, Hours Worked, Meal Periods, Minimum Wages, Overtime, Rest Periods, Unpaid Wages

The California Supreme Court decision in Kirby v. Immoos Fire Protection, Inc. (2012) 53 Cal.4th 1244, 274 P.3d 1160 held that Section 218.5 is a two-way fee-shifting provision and does not apply to claims to recover additional wages for the […]

Newly Enacted Statutes and Approved Bills

Posted on February 24, 2014February 24, 2014 by Ashish Gautam Posted in Attorney fees, Damages, Fair Employment and Housing Act (FEHA), Minimum Wages, Misclassification, Overtime, Personal Attendant, Recovery Period, Rest Periods, Sexual Harassment, Unpaid Wages, Vacation Pay

Revisions to California Minimum Wage (Assembly Bill No. 10) Gov. Jerry Brown signed a bill on Wednesday, Sept. 25, 2013 that would increase California Minimum Wage to $9 an hour effective July 1, 2014 and $10 an hour effective Jan. […]

An employee’s work may not be simultaneously “exempt” and “nonexempt”

Posted on February 24, 2014February 25, 2014 by Ashish Gautam Posted in Hours Worked, Meal Periods, Minimum Wages, Misclassification, Overtime, Rest Periods, Unpaid Wages Tagged minimum wages, Misclassification, overtime, Unpaid Wages

Heyen v. Safeway Inc. (2013) 216 Cal.App.4th 795, 157 Cal.Rptr.3d 280 Plaintiff/Respondent Linda Heyen, was an assistant manager for defendant’s store. After Defendant terminated Heyen, she claimed unpaid overtime pay, contending misclassification as an exempt employee even though most of […]

Court of Appeal decides on grant and hold cases post Brinker

Posted on September 29, 2012February 24, 2014 by Ashish Gautam Posted in Brinker Decision, Class Action, Meal Periods, Overtime, Rest Periods, Unpaid Wages Tagged Brinker, Impact of Brinker

An overview of Muldrow v. Surrex Solutions Corp. (2012) 146 Cal.Rptr.3d 447, 12 Cal. Daily Op. Serv. 998; Hernandez v. Chipotle Mexican Grill, Inc. (2012) 146 Cal.Rptr.3d 424, 12 Cal. Daily Op. Serv. 10 (as modified Sept. 25, 2012) and In […]

Court of Appeal holds a) Vacation benefits may be paid at a rate lower than the employee regular rate of pay during employment; b) Truck drivers are exempt from overtime under the federal motor carrier exemption, even if they mostly drive intrastate

Posted on September 12, 2012February 12, 2014 by Ashish Gautam Posted in Class Action, Minimum Wages, Overtime, Unpaid Wages, Vacation Pay Tagged minimum wages, overtime, truck drivers, vacation pay

Bell v. H.F. Cox, Inc. (2012) — Cal.Rptr.3d —-, 2012 WL 3846827 Background: Plaintiff, Oscar Bell and other truck drivers filed a class action complaint against H.F. Cox, Inc. (Cox) alleging Cox’ failure to pay overtime and failure to pay […]

Personal attendant, who was not a licensed nurse and performed certain health care related services for an elderly client, such as taking a temperature or pulse or assisting with over-the-counter blood sugar tests was exempt from overtime

Posted on May 24, 2012February 12, 2014 by Ashish Gautam Posted in Overtime, Personal Attendant Tagged overtime, personal attendant

Cash v. Winn (2012) 205 Cal.App.4th 1285, 140 Cal.Rptr.3d 867 Background: Plaintiff Joy Cash, who was not a licensed or trained nurse, cared for Iola Winn in Winn’s home. After she left the employment, Plaintiff sued Winn for failure to […]

Long-Awaited California Supreme Court Decision clarifies law on meal and rest breaks

Posted on April 21, 2012February 12, 2014 by Ashish Gautam Posted in Brinker Decision, Class Action, Labor Code Private Attorneys General Act (PAGA), Meal Periods, Overtime, Rest Periods, Unpaid Wages Tagged Brinker decision, class certification, employer'd duty to provide breaks, meal break timings, Meal Periods, overtime, rest break timings, Rest Periods

Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 273 P.3d 513 Background: Hourly nonexempt employees filed a class action lawsuit against Defendant employer Brinker which owns and operates several restaurants throughout California. A class of just under 60,000 […]

California employment laws apply to nonresident employees

Posted on January 10, 2012February 12, 2014 by Ashish Gautam Posted in Business and Professions Code section 17200, Class Action, Misclassification, Overtime, Unfair Competition Law (UCL) Tagged Misclassification, non-resident employees in california, Oracle, overtime

Sullivan v. Oracle Corp. (9th Cir. 2011) 662 F.3d 1265 Background: Oracle, a large software company is a Delaware corporation with its principal place of business in California. Oracle employs hundreds of workers (“Instructors” – in Oracle’s term) to train […]