In the matter of Curtis v. Irwin Industries, Inc., 2019 S.O.S. 16-56515, the Ninth Circuit recently held that the employee's claim for overtime pay was preempted under section 301 of the Labor Management Relations Act (LMRA), because California overtime law may not apply to employees working under a qualifying collective bargaining agreement. In Curtis v. Irwin, Carl Curtis (Curtis) brought a putative class action lawsuit against his former employer, Irwin Industries (Irwin)

The Labor Commissioner’s Office has posted guidance for agricultural employers and workers on an overtime pay schedule that went into effect January 1. The law’s overtime pay requirements (a departure from the overtime exemption that existed for agricultural employees) will be phased in. “We encourage large and small agricultural employers in the state to note the new farmworker overtime pay requirements that will phase in until a 40-hour standard workweek is reached,” said C

Under Labor Code section 2810.4, effective January 1, 2019, port drayage motor carriers with unsatisfied final court judgments, tax assessments or tax liens must be publicly listed by the California Labor Commissioner’s Office. Any customer that engages or uses a company or individual on the list shall share with the individual, company, or successor all civil legal responsibility and civil liability owed to a port truck driver for services obtained after the date the company

On Friday, the Court of Appeal in the matter of Furry v. East Bay Publishing, 2019 S.O.S.134, issued a ruling wherein it held that Imprecise evidence by an employee can provide a sufficient basis for damages when the employer fails to keep accurate records of the employee's work hours, but an employee is not entitled to premium or regular pay for missed meal breaks if he cannot show the employer knew, or should have known, he was working through authorized meal breaks. If you