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Hazel U. PoeiBlog Posts

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Kin Care Law Amended to Permit Employees to Designate Sick Days as Kin Care or Personal Sick Leave

On September 28, 2020, Governor Newsom signed Assembly Bill 2017, which revises Labor Code § 233 (also known as the “Kin Care” law) to provide that an employee has the right to designate sick leave as for kin care; or for the employee’s own health condition or for obtaining relief if the employee is a... Continue Reading
September 29, 2020

Meal and Rest Break Premiums Payable at Base Rate, Not Regular Rate of Pay

A California state appellate court has ruled that the correct rate for paying meal and rest period premiums is one hour of pay at an employee’s base hourly rate, not the regular rate of pay used for calculating overtime wages. This is the first published California case to make this distinction. Pursuant to § 226.7... Continue Reading
November 5, 2019

DLSE Says: Under Wage Order 5, On Duty Meal Periods Must Be At Least 30 Minutes in Length

By way of background, in Palacio v. Jan & Gail’s Care Homes, Inc. (2015) 242 Cal.App.4th 1133, the Fifth District Court of Appeal considered the interplay between subdivisions 11(A) and 11(E) of Wage Order No. 5. Subdivision 11(A) allows employers and employees to agree that meal periods will be on duty and to revoke these...… Continue Reading The post DLSE Says: Under Wage Order 5, On Duty Meal Periods Must Be At Least 30 Minutes in Length appeared first on California Workplace Law Blog.
August 28, 2019

California Supreme Court Holds that Plaintiffs Cannot Utilize Conversion Claims to Recover Unpaid Wages

The California Supreme Court recently held that the tort claim of conversion is not an appropriate vehicle for plaintiffs seeking recovery of unpaid wages. In Voris v. Lampert (Cal. 2019) Case No. S241812, the plaintiff brought suit against three start-up ventures and two individual defendants to recover wages which had been promised to the plaintiff...… Continue Reading The post California Supreme Court Holds that Plaintiffs Cannot Utilize Conversion Claims to Recover Unpaid Wages appeared first on California Workplace Law Blog.
August 27, 2019

Ninth Circuit Asks California Supreme Court: Is Absence of a Formal Meal and Rest Break Policy a Violation of California Law?

In Brinker Rest. Corp. v. Superior Court (Cal. 2012) 273 P.3d 513, the California Supreme Court explained that an employer must relieve the employee of all duty for the designated meal period, but need not ensure that the employee does not work. In other words, no policing of meal breaks by the employer is required;...… Continue Reading The post Ninth Circuit Asks California Supreme Court: Is Absence of a Formal Meal and Rest Break Policy a Violation of California Law? appeared first on California Workplace Law Blog.
August 6, 2019

Looking Back and Looking Forward: Retroactivity and Expansion of the California Independent Contractor Test

In April 2018, the California Supreme Court issued its ruling in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903, 916-17 and set forth the standards for determining independent contractor status for purposes of the California Industrial Welfare Commission Wage Orders. The Court presumed that a worker is an employee unless he or...… Continue Reading The post Looking Back and Looking Forward: Retroactivity and Expansion of the California Independent Contractor Test appeared first on California Workplace Law Blog.
May 28, 2019

Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress. Click here to access our California Workplace Law blog discussing this important issue.… Continue Reading
May 23, 2019

Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress. In Anthony Ayala v. U.S. Xpress Enterprises, Inc. et al, Judge Wu granted U.S. Xpress’ motion for...… Continue Reading The post Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers appeared first on California Workplace Law Blog.
May 22, 2019

Employers, Politics, and Free Speech

With political campaigns well underway, the protection of “free speech” and concerns that regular political discourse could create potential liability are mounting.  Notably, within the last year, California’s Fair Employment and Housing Commission expanded upon a number of definitions and specific employment practices prohibited under the Fair Employment and Housing Act (“FEHA”). Not listed Not listed among them is...… Continue Reading The post Employers, Politics, and Free Speech appeared first on California Workplace Law Blog.
May 21, 2019

Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions

On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to exempt certain types of licensed workers. Just as noteworthy as the types of workers identified as exempt from the standard are the types of employees who were not identified. For example, the exemption does...… Continue Reading The post Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions appeared first on California Workplace Law Blog.
March 29, 2019

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