The federal Department of Labor (DOL) is suing Mathias Wakrat and Jean-Christophe Febbrari, owners of Entre Nous French Bistro in Old Town Pasadena, for keeping hundreds of thousands of dollars in cash and credit card tips intended for their staff to cover the restaurant’s business expenses. DOL investigation also found Entre Nous misclassified some employees as independent contractors and failed to keep proper pay records.
The Labor Commissioner targets industries where “wage theft” — any failure to legally and timely pay required wages, including paid sick leave and premium pay for missed breaks — is prevalent.
One such industry is board and care i.e., residential facilities housing elderly or disabled people in need of living assistance. There are 8,100 such RCFEs in California.
Effective January 1, 2024, Senate Bill 616 expands the employer-provided paid sick leave benefits under the Healthy Workplaces, Healthy Families Act of 2014 (Act) from 24 hours or three days to 40 hours or five days.
Effective January 1, 2024, California minimum wage will increase to $16 per hour for all employers, regardless of size.
Wage theft occurs when an employer pays an employee less then minimum wage, fails to pay overtime, takes workers’ tips, does not permit meal and rest breaks, or requires work off-the-clock. It can also involve paying wages late, not paying required paid sick leave, not paying timely final pay, or any other failure to pay all wages owed.
California’s “Wage Theft Prevention Act” requires most employers to provide nonexempt-from- overtime employees with specified wage-related information in writing (the notification) at the time of hire and within seven calendar days after any changes to:
Employer’s full contact information;
Pay rates — including overtime rates — and their bases, whether hourly, shift, daily, weekly, salary, piece, commission, or otherwise;
Regular payday;
Workers’ compensation carrier’s full contact information; and
Paid sick leave benefits
California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation upon receipt of specified minimum compensation.
SB 497, going into effect on January 1, 2024, amends Labor Code sections 98.6, 1102.5, and 1197.5 to make it easier for employees to win retaliation claims.