On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, expanding the professional exemption under Industrial Welfare Commission (“IWC”) under Wage Orders Nos. 4-2001 and 5-2001 to expressly include part-time or “adjunct” faculty at private, nonprofit colleges and universities in California. The sponsors of AB 736, the Association of Independent California Colleges and
California Labor Code
$102 Million Wage Statement Award Against Wal-Mart Will Likely Lead to More Wage Statement Class Actions in California
While it may be true that employees rarely even look at their wage statements, there is one group of persons who certainly do – plaintiffs’ lawyers. Or, more precisely, California plaintiffs’ lawyers.
And after a stunning $102 million award against Wal-Mart for wage statements that the court concluded did not fully comply with California’s onerous…
Airline Ordered to Pay More Than $77 Million for Wage-Hour Violations
In Bernstein v. Virgin America, Inc., a district court in California has ordered Virgin America to pay more than $77,000,000 in damages, restitution, interest and penalties for a variety of violations of the California Labor Code. The award is the latest example of the tremendous amount of damages and penalties that can be awarded…
California Court of Appeal Upholds Meal Period Waiver in Collective Bargaining Agreement
On August 13, 2018, in Ehret v. WinCo Foods, the California Court of Appeal held that a provision in a collective bargaining agreement (“CBA”) regarding employees’ meal periods during shifts lasting between five and six hours effectively waived employees’ rights under California Labor Code section 512. In so holding, the Court held that the…
California Passes New Law Making Contractors Jointly Liable for Their Subcontractors’ Failure to Pay Wages
On October 14, 2017, California Governor Jerry Brown signed Assembly Bill 1701, which will make general contractors liable for their subcontractors’ employees’ unpaid wages if the subcontractor fails to pay wages due. The new law will go into effect on January 1, 2018.
Specifically, section 218.7 has been added to the Labor Code. Subdivision…
California Health Care Workers Can Waive Breaks – Employment Law This Week
Featured on Employment Law This Week – California health care workers can still waive some breaks.
In February 2015, a California appeals court invalidated an order from the Industrial Welfare Commission (IWC) that allowed health care workers to waive certain meal breaks. The court found the order, which allowed the workers to miss one of…
California Supreme Court To Review Class Action Waiver Issue
By Michael Kun and Aaron Olsen
To the surprise of few, the California Supreme Court has decided to review the Court of Appeal’s decision enforcing a class action waiver in Iskanian v. CLS Transportation Los Angeles, LLC.
We wrote in detail about that decision on this blog earlier this year.
In reaching its conclusion, the…