In Mendiola et al v. CPS Security Solutions, et al., (2015) 2015 WL 107082, the California Supreme Court held that security guards at a construction site were entitled to compensation for all on-call hours spent at their assigned worksites, including sleeping time, as they were under their employer’s control for the entirety of the on-call […]
Last week, the California Court of Appeal for the Second Appellate District reversed a trial court’s class certification denial in a proposed overtime class action brought by Joe’s Crab Shack managers against the restaurant chain. The court ruled that a class action was the best method of resolving the employees’ wage and hour claims, even […]
California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local 104 v. Duncan (August 27, 2014, A131489) ___Cal.App.4th___, the Court of Appeal held that an employee of a subcontractor is not covered by […]
In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the clothing retailer’s employment contracts excluded wage claims. Affirming the trial court’s order denying Tilly’s Inc.’s motion to compel arbitration, the appellate court […]
The California Supreme Court recently considered whether an employer may allocate an employee's commission wages from one pay period to other pay periods in order to meet the commissioned employee overtime exemption. (Susan J. Peabody v. Time Warner Cable, Inc. (— P.3d —, 2014 WL 3397770, Cal. July 14, 2014)). The Supreme Court held that […]
An employee who attended scheduled meetings and worked at least half of the scheduled time was not entitled to receive “reporting time pay” and he also was not entitled to additional compensation for “split shift” pay when he worked a shift on meeting days because he earned more than the minimum required by the wage […]
What This Means To You After the effective date of regulations implementing AB 436, school districts awarding a public works contract and funded in whole or in part with state bond funds, will be subject to payment of a fee for prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations, unless a […]
In Hensel Phelps Construction Company v. San Diego Port District, (— Cal.Rptr.3d —-, Cal.App. 4 Dist., July 26, 2011), a court of appeal considered whether a hotel construction project that is being built on land leased by a public agency is a public work within the meaning of the prevailing wage law (“PWL”) where the […]
In Azusa Land Partners v. Department of Industrial Relations, (— Cal.Rptr.3d —-, Cal.App. 2 Dist., December 21, 2010), a court of appeal considered whether a planned community project is a “public work” subject to prevailing wage laws applicable to public infrastructure and improvement work carried out by private contractors as a condition of regulatory approval […]
In an effort to address California’s budget crisis the California Legislature adopted and Governor Schwarzenegger signed into law Senate Bill 9 (SBX2-9). The goal of SBX2-9 is to provide government agencies who are involved in public works construction projects with substantial savings and to improve prevailing wage enforcement for such projects. Prior to the passage […]