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wage & hour issues
DLSE Confirms That Employers May, Under Some Circumstances, Recover Wage Overpayments
By Alison L. Tsao Employers sometimes overcompensate their employees due to pre-determined payroll practices that pay employees for an assumed number of work hours before actual timesheets are submitted or processed. California law generally prohibits an employer from making deductions from...
No Punitive Damages for Labor Code Violations
By Connor Moyle The Court of Appeal for the Fourth Appellate District issued a decision last week clarifying that punitive damages are not available for violations of the California Labor Code statutes regulating meal and rest breaks, pay stubs, and minimum wage laws. In Brewer v....
New Published Decision on What It Means to "Provide" Meal Periods
By Robin E. Weideman Today California’s Second Appellate District, Division Three, issued its decision in Brinkley v. Public Storage and held that California law only requires employers to make meal periods available to employees, not to ensure that the meal periods are actually taken. ...
California Supreme Court Grants Review of Brinker
By Kent J. Sprinkle Today the California Supreme Court granted Plaintiff Adam Hohnbaum’s petition for review of the Court of Appeal's decision in Brinker Restaurant Corp. v. Superior Court (Hohnbaum). We have followed the developments in this case dealing with the dispute on what it...
Federal Minimum Wage Increases
This is a reminder that the federal minimum wage increased last month to $6.55 per hour. The next increase is scheduled for July 24, 2009 when it will increase to $7.25 per hour. This does not mean much to California private sector employers because the state minimum wage remains at...