Cheesecake Factory and Its Janitorial Contractors Assessed $4.57 Million for “Wage Theft” The state Labor Commissioner has assessed Cheesecake Factory Restaurants, Inc. and two contractors hired for janitorial services some $4.57 million for underpayment of minimum wage and overtime to 559 janitorial workers at eight Southern California locations. The decision is a significant caution to […]
Time Off for Fire Fighting, Crime Victims, Drug Rehab, School Visits, and More Most California employers are aware that state and federal law allows eligible employees to take time off for family and medical leave, parental leave, pregnancy disability leave, paid sick leave, and jury duty. California employers may not be as familiar with other […]
$10 Million in Citations Against Seven Restaurants For Wage Violations On June 7, 2018, the California Labor Commissioner announced citations totaling $10 million against seven San Francisco bay area restaurants that failed to pay proper wages to a total of 431 workers. Citations against Kome Japanese Seafood & Buffet in Daly City exceeded $5.16 million […]
Many New Minimum Wage Rate Increases Effective July 1, 2018 California minimum wage currently is $11.00 per hour for employers with 26 or more employees and $10.50 for employers that employ 25 or fewer. Annual increases will continue each January 1 until they reach $15.00 per hour in 2022 for larger employers and in 2023 […]
Class Action Waivers Upheld in Employment Arbitration Agreements In a rare victory for employers, the U.S. Supreme Court recently ruled that companies may require workers, as a condition of employment, to sign arbitration agreements that waive the right to participate in workplace-related class action claims. Epic System Corp. v. Lewis. An arbitration agreement is a […]
New California Regulations Take Effect July 1, 2018 California law prohibits discrimination against employees and applicants for their membership in any protected class, including national origin. The California Fair Employment and Housing Council (FEHC), which enacts regulations to protect employees and job candidates from unlawful discrimination, harassment and retaliation, recently issued greater national origin protections. Effective […]
Independent Contractor Status in California Now Falls Under Radically Different Rules The California Supreme Court has issued a landmark decision drastically redefining who can be classified an independent contractor. Dynamex Operations West, Inc. v. Superior Court. The new criteria potentially expose tens of thousands of businesses who have relied on the old rules to legal […]
Figuring Out the Final Paycheck When a worker’s employment ends, what should be included in a final paycheck is determined by California’s laws, the employer’s specific policies in place during the employment period, and the circumstances of the employment ending. When an employer terminates a worker without advance notice, all wages and earned but unused […]
How to Handle Customers’ Service Animals On Tuesday afternoon a customer walks in your restaurant with his giant Deerhound and starts ordering lunch for both of them. The waitress, surprised and unsure about this arrangement, asks her supervisor if the customer needs to leave because of the “no pets allowed” policy. May the supervisor promptly […]
Calculating Travel Pay in California Hourly employees must be paid for all “hours worked.” Where an employee is required to travel for work, near or far, the employer must compensate the worker for that time. Exceptions are normal commute time or road trip downtime. Thus, an hourly worker who watches a movie through a flight for business is […]