At-will, on-call, hourly, nonexempt employees who are paid for on-duty meal periods are also entitled to premium wages if the employer does not have a written agreement that includes an on-duty meal period revocation clause. Unpaid premium wages for meal break violations accrue prejudgment interest at 7%. Unpaid premium wages for meal break violations do not entitle employees to additional remedies pursuant to Labor Code §203 and §226 if their pay or pay statements during the
For comparator evidence to be probative in an employment discrimination case, all that is required is for the comparator, who was treated more favorably, to be similarly situated to the plaintiff in all relevant respects; the plaintiff does not need to establish her clearly superior credentials before being allowed to present comparator evidence at trial. (See, Gupta v. Trustees of the California State University - filed Sept. 26, 2019, First District, Div. Three, 2019 S.O.S.
Failing to hire a prospective employee based on race violates public policy, but the employer will not have committed a tort against the prospective employee because it owed no duty to that person; a Tameny action for wrongful discharge can only be asserted against an employer. (Williams v. Sacramento River Cats Baseball Club, LLC - filed Sept. 24, 2019, Third District, 2019 S.O.S. 2792.) In the above action, the plaintiff (Wilfert Williams) sued the defendant (Sacramento Riv
The U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA).The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA's minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level. The new thresholds account for g
In the week ending August 31, the advance figure for seasonally adjusted initial claims was 217,000, an increase of 1,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 215,000 to 216,000. The 4-week moving average was 216,250, an increase of 1,500 from the previous week's revised average. The previous week's average was revised up by 250 from 214,500 to 214,750.