Unpaid Wages and Attempt to Evade Consequences Result in Seizure of Owners’ Assets Continuing to target restaurants and other industries under its Wage Theft Is a Crime program, the Division of Labor Standards Enforcement (DLSE) has taken action against the Mango Gardens restaurant chain. In 2015 following a referral from Asian Americans Advancing Justice-Asian Law […]
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation if they receive set minimum hourly compensation. Effective January 1, 2019, the California Department of Industrial Relations is increasing the minimum from $79.39 to $82.72 per hour, up from $79.39, effective January 1, 2019. To avoid California’s requirements to pay overtime premium […]
New 2019 Overtime Exemption Rates California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation if they receive specified minimum compensation. California’s Department of Industrial Relations (DIR) has announced its rate increase for this minimum, effective January 1, 2019, to $45.41, up from $43.58. Alternatively, an otherwise qualified employee paid by salary […]
Local Minimum Wage Rates Can Affect Split Shift Calculations Some employers, particularly in the restaurant industry, schedule their employees to work a “split shift,” i.e., two distinct work periods in the same workday separated by more than a one-hour meal break. For example: a waiter who works the 10:00 a.m. to 1:00 p.m. breakfast/lunch shift […]
COPY THAT California employers must provide employees with accurate, itemized written wage statements semi-(twice)-monthly or at the time or each payment of wages. Those statements must contain exact, detailed pay-related information, such as the employee’s identity, hours worked, and gross and net wages earned. Labor Code 226(a). See, Ignore at Your Own Peril (February, 2018). […]
THAI RESTAURANTS BARBEQUED Three Southern California Outlets and Owners Must Pay Workers Over $1,000,000 for Wage Theft On October 3, 2018, the Labor Commissioner’s Office announced that it has cited Sanamluang Café in North Hollywood, Orchid Thai Cuisine in Arcadia, and Orchid Thai in Baldwin Park, a total of $1,065,646 for wage theft violations. The […]
Builders are on the Line When Subcontractors Underpay Employees The latest installment of California’s “wage theft” campaign targets the construction industry. On July 9, 2018, Labor Commissioner Julie Su announced citations against TB Penick & Sons, Inc. (Penick), a San Diego general contractor and its subcontractor Champion Construction, Inc. (Champion), a drywall and framing contractor […]
$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 […]
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 […]
Weight Loss and Fitness Chain $8.3 Million Lighter After Citations for Wage and Hour Violations The Labor Commissioner’s latest press release announced citations of $8.3 million against Camp Bootcamp, Inc., dba Camp Transformation Center, which operates 15 fitness and weight loss centers from its Chino headquarters. The citations include a long list of Labor Code […]