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Jill Ripke defends companies in employment and independent contractor class action matters dealing with claims relating to independent contractor status, misclassification, unpaid overtime, unpaid meal and rest breaks, and unpaid off-the-clock work.

As most employers are aware, California law requires employers to furnish employees with accurate and itemized wage statements that contain numerous required components. This requirement is enumerated in Labor Code section 226. Further, under the Labor Code, an employee who suffers injury due to an employer’s “knowing and intentional failure” to comply with wage statement requirements is entitled to penalties.Continue Reading California Supreme Court Permits Good Faith Belief Defense on Wage Statement Violations

The U.S. Department of Labor (DOL) issued a final rule on April 23, 2024, increasing the minimum salary and compensation thresholds for certain overtime exemptions (the Final Rule) under the Fair Labor Standards Act (FLSA). The Final Rule has a stated effective date of July 1, 2024. The FLSA mandates that employers pay nonexempt employees

The California Supreme Court recently issued a decision in Huerta v. CSI Electrical Contractors addressing three questions from the United States Court of Appeals for the Ninth Circuit regarding Wage Order No. 16 (which applies to certain on-site occupations in the construction, drilling, logging, and mining industries) and the scope of the term “hours worked.”Continue Reading The California Supreme Court Clarifies Compensable Time

Recently, the U.S. District Court for the District of Arizona held in Castillo v. Spencer’s Air Conditioning & Appliance, Inc., 2024 WL 706939, that while the question of whether an entity is a joint employer under the Fair Labor Standards Act (FLSA) is a question of law, summary judgment was not appropriate because there were material disputed facts at issue in the analysis of the economic reality of an alleged joint employment relationship. Continue Reading Arizona District Court Denies Summary Judgment on Joint Employment Relationship Issue

The California Department of Industrial Relations (DIR) and the Labor Commissioner’s Office launched a program creating opportunities for local prosecutors to obtain funding for wage theft prosecutions. The program, called the Workers’ Rights Enforcement Grant, will provide eligible prosecutors with two annual grant awards of $8,550,000 each, for a total of $18 million. The first grant cycle is 2024 – 2025, and the second is 2025 – 2026.Continue Reading California Launches $18 Million Program Intended for Wage Theft Investigation

On January 12, 2024, the Berkeley Fair Work Week Ordinance (Ordinance) became operative. As previously described, Berkeley, California, enacted an Ordinance that requires covered employers to provide work schedules to employees at least 14 calendar days in advance of a shift and provide 11 hours of rest between shifts, among other requirements.

Berkeley employers

The California Department of Industrial Relations (DIR) issued updated responses to frequently asked questions (FAQs) relating to the state’s amended paid sick leave law. As previously reported, California enacted SB 616, which expands the state law with respect to paid sick leave. The new law will be effective January 1, 2024, and increases the minimum amount of sick leave per year from 24 hours (or three days) to 40 hours (or five days). California’s labor commissioner also updated the paid sick leave poster and 2810.5 employee notice to reflect the new law’s requirements. The DIR’s FAQs page answers questions for employers regarding accrual methods, caps on paid sick leave, and how employers can transition their paid sick leave policies to comply with the new law. For example, the FAQs address what an employer must do to comply with the law on January 1, 2024, if the employer uses an accrual method and capped an employee’s yearly use of leave at three days or 24 hours: —”If an employer uses an annual start date other than January 1 and implements a 12‑month use cap, that cap must change to 40 hours or 5 days on January 1, 2024. For example, if an employer uses the 12-month period of May 1 – April 30 and implements a cap and an employee used 24 hours or three days before January 1, 2024, the employer must allow the employee to use an additional 2 days or 16 hours before April 30 if the employee has accrued that additional leave.”Continue Reading California Revises Frequently Asked Questions on Paid Sick Leave