It is often the case that employees who work in restaurants in addition to their hourly wage, also receive tips from customers. Sometimes tips are being pulled by the employer and distribute to them based on some factors such as seniority, whether employee works in the guest area, shift, and alike. The illegal practices that […]

The Second Circuit Court held that unpaid interns at a for-profit employer are NOT employees under the Fair Labor Standards Act (FLSA) and thus, NOT entitled to compensation for services provided. Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478-cv, 13-4481-cv (2d Cir. July 2, 2015); Wang v. Hearst Corp., No. 13-4480-cv (2d Cir. July 2, 2015). The […]

In Sandquist v. Lebo Automotive, Inc. (2014) 228 Cal.App.4th 65, the plaintiff filed a putative class action for race, color, national origin, and ancestry discrimination under the Fair Employment and Housing Act (FEHA). The trial court compelled individual arbitration and dismissed the class allegations. The Court of Appeal reversed, holding that the arbitrator, rather than the trial […]

In Williams v. Superior Court (Marshalls of CA, LLC) (5/15/15) — Cal.App.4th —, the plaintiff filed a PAGA action for meal and rest period violations and sought discovery of contact information for Marshalls’s non-exempt employees. The trial court granted plaintiff’s motion to compel in part, ordering Marshalls to produce contact information for the employees only at its […]

In Augustus v. ABM Security Services, Inc., — Cal.App.4th — (1/29/2015), the plaintiff, Augustus, worked as a security guard for the defendant, ABM. Augustus filed a putative class action, alleging that ABM failed to authorize and permit rest periods by requiring the its security guard employees to be on call during rest periods. The trial court […]

rotections. Public Record Exemption for Sex Offense Victims – California Government Code section 6254 and California Penal Code section 293. These laws prohibit the disclosure of the names and addresses of victims of specific sex-related crimes in documents provided in response to requests for records, including responses provided under the California Public Records Act. Reader Privacy […]

California Supreme Court reversed a court of appeal decision that had affirmed the trial court’s ruling in awarding attorneys’ fees to defendant who had prevailed in an employment discrimination case making clear that in California absence of showing that plaintiff employee’s lawsuit was frivolous, unreasonable or groundless, defendant employer may not get the attorneys’ fees […]

Effective January 1, 2015, under the new law, employees in California are entitled to “Paid Sick Leave.” California Labor Code sections: 245.5, 246, and 248.5 make the following changes to the law: Require that an employee work for the same employer for 30 or more days within the previous 12 months to qualify for paid sick leave […]

Documents that employee whose employment is being separated need to get from their employers: 1. Last Paycheck for all hours worked until separation including all accrued but unused vacation time. 2. “For Your Benefit, California’s Program for the Unemployed” pamphlet published by the EDD (Form 2320) 3. COBRA and Cal-COBRA Notices for continuation of their […]

The statute providing that an employer “shall not require an employee to work during a meal or rest or recovery period” does not prohibit the employer from requiring the employee to remain on call during rest periods, since simply being on-call does not constitute performing “work.” Thus, evidence that security guards’ employer applied a uniform […]