New FLSA Rule to Give Over Four Million Workers the Right to Overtime Pay

By | 2016-05-20T14:13:47+00:00 May 20th, 2016|Employment Law, Wage & Hour|

The Fair Labor Standards Act (“FLSA”) sets the minimum wage, overtime pay, recordkeeping, and other standards for employment across the nation. Though states may expand those rights and provide greater protections for their citizens, the FLSA sets the baseline standard that all employers (both public and private) must adhere to. On May 18, 2016, the [...]

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Overview of New 2015 Laws Affecting California Employees

By | 2015-01-05T21:12:46+00:00 December 17th, 2014|Discrimination, Employment Law, FMLA Leave, Maternity/Pregnancy Leave, Religious Discrimination, Retaliation, Sexual Harassment, Wage & Hour|

The CalChamber Employment Law Counsel recently published a white paper, titled "An Overview of New 2015 Laws Affecting California Employers." The white paper identifies some of the noteworthy new employment laws from the California Legislature.  The range of subject matters the new laws affect include: (1) Discrimination, Harassment and Retaliation Protections; (2) Leaves of Absence; (3) Wage [...]

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New Law Protects Losing Employees in Wage and Hour Cases From Paying Attorneys’ Fees

By | 2015-01-06T13:44:30+00:00 January 27th, 2014|Uncategorized, Wage & Hour|

As of January 1, 2014, a new law (SB 462) makes it more difficult for prevailing employers in wage and hour cases to collect attorneys’ fees and costs against their employees. Prior to the new law, Labor Code §218.5 required courts in wage and hour cases to award the prevailing party attorneys’ fees and costs. [...]

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California Minimum Wage Will Be Raised to $10 by 2016

By | 2015-01-06T14:12:47+00:00 October 8th, 2013|Uncategorized|

In a victory for workers, California will raise its minimum wage by $2 over the course of the next several years. Late last month, Governor Jerry Brown signed into law a new bill that will raise the minimum wage from the current $8 per hour to $10 per hour by 2016. The minimum wage will [...]

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ZHE Files Class Action Lawsuit Against Massage Envy

By | 2015-01-08T10:30:21+00:00 September 26th, 2013|Uncategorized|

Zeldes Haeggquist & Eck, LLP has filed a class action lawsuit against Massage Envy on behalf of massage therapists and estheticians in California. The complaint alleges that Massage Envy’s compensation plan violates California’s wage and hour laws by unlawfully averaging its non-exempt employees’ compensation. Massage Envy’s policy mandates that employees are paid on a piece-rate [...]

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Law Firms May Hire Law Students as Unpaid Interns for Pro Bono Cases

By | 2015-01-06T14:11:42+00:00 September 17th, 2013|Uncategorized|

Last week, the U.S. Department of Labor clarified its position on unpaid internships for law students at law firms, explaining that under federal law, unpaid internships are permissible in some circumstances. The federal Fair Labor Standards Act (“FLSA”) generally does not permit individuals to volunteer to work unpaid for for-profit businesses such as law firms. [...]

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Court Hands Down Victory for Employees Who Do Piecework

By | 2015-01-06T14:16:58+00:00 April 25th, 2013|Uncategorized|

The Second District Court of Appeal recently handed down a victory for employees who do piecework. The Court held that employees who are paid according to the amount produced (i.e., piecework) must also be paid separate hourly compensation for the hours spent waiting for work or doing other tasks during their shifts. In Gonzalez v. [...]

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Foreign National Employees Settle Wage and Hour and Breach of Contract Claims for $30 Million

By | 2015-01-06T14:33:43+00:00 March 11th, 2013|Uncategorized|

A recent $30 million settlement is likely to encourage future class action lawsuits by foreign national workers. In Vedachalam v. Tata America International Corp., et al., a class of foreign national workers sued their employer, Tata Consultancy Services, Ltd., a Mumbai-based staffing company, for breach of contract and wage and hour violations. The plaintiffs alleged [...]

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California Supreme Court Depublishes Three Decisions Interpreting Brinker

By | 2015-01-06T14:33:33+00:00 March 6th, 2013|Uncategorized|

Last April, the California Supreme Court resolved long-standing confusion regarding the definition of the word “provide” in Labor Code §512, which requires employers to provide meal breaks to employees who work for more than five hours. In the landmark Brinker decision, the Court clarified that an employer must relieve its employees of all duties during [...]

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