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In a case of first impression, the court in Barber v. California Department of Corrections and Rehabilitation (“CDCR”), 2012 DJAR 2085 (2012), held that a terminated public officer is not entitled to review his personnel records under the Public Officers Procedural Bills of Rights Act (“POBRA”). The former employee (Barber) claimed he was entitled to Continue reading
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On April 12, 2012, the DLSE posted an updated template of the form that is to be provided to new hires along with updated FAQ’s pertaining to the notice requirement. The FAQs provide important guidance about completing the form and should be reviewed carefully. With regard to the required use of the new template, FAQ Continue reading
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The California Supreme Court today (4/12/2012) issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court of San Diego. A copy of the decision is here. The decision resolved several hotly-contested issues surrounding employer meal period and rest break requirements and the ability of employees to pursue alleged violations of those requirements on a Continue reading
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In Coleman v. Court of Appeals of Maryland, 2012 DJDAR 3627 (March 20, 2012), the U.S. Supreme Court affirmed a lower court decision holding that states cannot be sued for damages for violations of Section (D) of the FMLA, referred to as the “self-care provision.” As the Court explained, “[a] foundational premise of the federal Continue reading
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In Ruiz v. Affinity Logistics Corp., 2012 DJAR 1820 (9th Cir. 2012), the court struck down a Georgia choice of law provision in a written independent contractor agreement between a Georgia-based company and truck drivers based in California. The drivers sued the company in a class action for failure to pay wages and overtime, improper Continue reading
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In Muldrow v. Surrex Solutions Corp., 2012 DAR 949 (January 24, 2012), the court upheld a trial court’s ruling that a class of individuals employed as recruiters (called “senior consulting services managers”) were subject to California’s commissioned employee exemption and therefore could not pursue claims for unpaid overtime against their employer. In so doing, the Continue reading
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In the wake of SB 459, effective January 1, 2012, California employers seeking guidance regarding the proper classification of independent contractors can look to the recent case of Arnold v. Mutual of Omaha Insurance Co., 2012 DJDAR 71 (December 30, 2011), wherein the Court analyzed the standard for properly classifying individuals as independent contractors under Continue reading
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The Wage Theft Prevention Act of 2011 was signed in to law by Governor Brown in October 2011 and is effective January 1, 2012. Among other things, this new law requires employers to provide written notice to employees at the time of hiring of certain employment-related information. In accordance with the law, the Labor Commissioner Continue reading
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In Aleman v. Airtouch Cellular, 2011 DJDAR 18193 (December 21, 2011), the Court of Appeal for the Second District, Division Two, provides clarity in the area of wage and hour law on the issue of reporting time pay required under the Industrial Welfare Commission (“IWC”) Wage Orders. Contained in Section 5(A) of each IWC Wage Continue reading
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