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The Walsh Firm PC
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Existing law, the Domestic Worker Bill of Rights (Labor Code section 1451-1453), regulates the hours of work of domestic work employees who are personal attendants and provides an overtime compensation rate for those employees. The Domestic Worker Bill of Rights... Continue reading
Posted Sep 15, 2016 at Wage Law
School teachers often work long hour, and are generally exemption from overtime pay under California law. However, public school teachers often enjoy high salaries and outstanding benefits. The same is not always true, however, for private school teachers. California law... Continue reading
Posted Sep 14, 2016 at Wage Law
AB 1066, a bill authored Assemblymember Lorena Gonzalez (D-San Diego), to provide daily overtime to California agricultural workers, has been signed into law by Governor Brown. Existing law sets wage, hour, meal break requirements, and other working conditions for employees... Continue reading
Posted Sep 13, 2016 at Wage Law
In Morris v. Ernst & Young, LLP (9th Cir. 2016) ___ F.3d ___, the Ninth Circuit held that the National Labor Relations Act prohibits employers from requiring, as a condition of employment, that employees waive their right to participate in... Continue reading
Posted Sep 2, 2016 at Wage Law
In Esparza v. Sand & Sea, Inc. (CA2/4 B268420 8/22/16), an employer tried to have its cake and eat it, too, with respect to an arbitration agreement. It included the arbitration provision in an employee handbook, which also made clear... Continue reading
Posted Sep 1, 2016 at Wage Law
The Ninth Circuit has reinstated an arbitration decision that had been vacated by the U.S. District Court. In SW Reg. Council of Carpenters v. Drywall Dynamics, Inc. (9th Cir. 14-55250 5/19/16), the arbitrator ruled that an employer was bound by... Continue reading
Posted May 20, 2016 at Wage Law
The Supreme Court has agreed to review the Court of Appeal's decision in Alvarado v. Dart Container Corp. of California (2016) 243 Cal.App.4th 1200 (SC S232607/E061645, review granted, 5/11/16), concerning overtime calculations and the "regular rate of pay" for employees... Continue reading
Posted May 17, 2016 at Wage Law
In Corbin v. Time Warner (9th Cir. 13-55622 5/2/16), the 9th Circuit affirmed a district court’s summary judgment in favor of Time Warner Entertainment-Advance/Newhouse Partnership in a putative class action brought by a Time Warner employee. In his rounding claim,... Continue reading
Posted May 3, 2016 at Wage Law
This is slightly off topic, but since we have some unsatisfied judgments we're trying to collect, this story caught our eye. "U.S. marshals arrest man for unpaid student loan." You can have someone arrested for not paying a debt? We've... Continue reading
Posted Feb 17, 2016 at Wage Law
Now that the California minimum wage has increased to $10 per hour as of January 1, 2016, California employers must also pay more to keep exempt workers exempt. In addition to the Duties Test, California employers who classify workers as... Continue reading
Posted Jan 5, 2016 at Wage Law
Effective January 1, 2016, the minimum wage in California is $10.00 per hour. The minimum wage applies to adults and minors, tipped and non-tipped employees in California. If you are a sheepherder, in which case your minimum wage is a... Continue reading
Posted Jan 4, 2016 at Wage Law
Petitioner DIRECTV, Inc., and its customers entered into a service agreement that included a binding arbitration provision with a class-arbitration waiver. It specified that the entire arbitration provision was unenforceable if the “law of your state” made class-arbitration waivers unenforceable.... Continue reading
Posted Dec 16, 2015 at Wage Law
In Rosenfield v. Global Tranz Enterprises (9th Cir. 13-15292 12/14/15), the Ninth Circuit has reversed a district court’s summary judgment in favor of the employer on an employee’s claim under the anti-retaliation provision of the Fair Labor Standards Act. Applying... Continue reading
Posted Dec 15, 2015 at Wage Law
Many multi-state employers enact policies that provide that an employee driver is liable for wage deductions for damage caused to his or her company vehicle if it was caused by employee negligence or third party acts while in the employee's... Continue reading
Posted Oct 27, 2015 at Wage Law
SB 358 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Conditions of employment: gender wage differential Existing law regulates the payment of compensation to employees by employers and prohibits an employer from conditioning employment on requiring an employee to refrain from... Continue reading
Posted Oct 7, 2015 at Wage Law
The California Supreme Court has decided to grant review in Laffitte v. Robert Half International (Brennan) (2014) 180 Cal.Rptr.3d 136. The case addresses whether, under Serrano v. Priest (1977) 20 Cal.3d 25, the trial court can anchor its calculation of... Continue reading
Posted Mar 4, 2015 at Wage Law
AB 1522, the Healthy Workplaces, Healthy Families Act of 2014 goes into effect on January 1, 2015 (although paid sick leave accrual does not begin until July 1, 2015). Starting with the new year, employers must comply with AB 1522's... Continue reading
Posted Dec 29, 2014 at Wage Law
My political post of the month: Props 45 and 46 are laws written to protect you and I - the consumer, the common person.. They are opposed by large profitable corporate interests. They are deceiving you into thinking these laws... Continue reading
Posted Oct 16, 2014 at Wage Law
A fellow named Ener sent us a email last week asking us to remove a spammy comment and link his company,, left on one of our posts in 2010. For whatever reason, our spam filter didn't block it. Now... Continue reading
Posted Dec 10, 2013 at Wage Law
SB 390 (employee wage withholdings, failure to remit) amending Labor Code § 227 concerning employee wage withholdings, has been signed by Governor Brown: Existing law makes it a crime for an employer to fail to make agreed-upon payments to health... Continue reading
Posted Nov 8, 2013 at Wage Law
SB 435 (compensation, meal and rest or recovery periods) amending Labor Code § 226.7 concerning meal and rest periods, has been signed by Governor Brown: Existing law prohibits an employer from requiring an employee to work during any meal or... Continue reading
Posted Nov 7, 2013 at Wage Law
SB 168 (farm labor contractors, successors, wages and penalties) has been signed by Governor Brown, adding Labor Code § 1698.9 concerning wages and penalties for farm labor contractors and their successors. Existing law requires farm labor contractors to be licensed... Continue reading
Posted Nov 6, 2013 at Wage Law
Defendant Mid-Wilshire Health Care Center appealed from an order denying its motion to compel arbitration and to stay a wrongful termination action by plaintiff Maribel Mendez. The Court of Appeal holds hold that the arbitration provision in the collective bargaining... Continue reading
Posted Nov 5, 2013 at Wage Law
In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), the California Supreme Court held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition... Continue reading
Posted Nov 4, 2013 at Wage Law
The Ninth Circuit has affirmed a district court’s denial of defendant grocery company’s motion to compel arbitration in an action asserting claims under California labor law on behalf of the plaintiff and a proposed class of other grocery employees. Chavarria... Continue reading
Posted Nov 1, 2013 at Wage Law