TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 4 – CA APPELLATE COURT LIMITS SCOPE OF DERIVATIVE WAGE STATEMENT LIABILITY California class action plaintiffs alleging various wage and hour claims often tack on a derivative wage statement claim under Labor Code section 226. The theory behind a derivative wage statement claim is that if an…

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TOP 10  EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 5 – EMPLOYEE-FRIENDLY OT CALCULATION FOR FLAT BONUS PAY REQUIRED Earlier this year, in Alvarado v. Dart Container Corp., 4 Cal. 5th 542 (Cal. Mar. 5, 2018), the California Supreme Court considered how employers should calculate an hourly employee’s overtime rate of pay when the employee has…

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TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW:  NUMBER 7 – CLASS ACTION WAGE & HOUR WIN FOR EMPLOYERS Employers of Commissioned and Piece-Rate Employees: Pay Minimum Wage for Every Hour Worked With No Later “Clawback” and You May Be in the Clear When the California Wage Orders say that rest breaks…

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TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW: NUMBER 8 – EQUAL PAY REDEFINED Pay Me What You Owe Me: Aileen Rizo Redefines the Equal Pay Act I imagine that Rihanna and Aileen Rizo are kindred spirits. Rihanna topped the charts with a song demanding to “pay me what you owe me”…

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TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW: NUMBER 9 – EMPLOYER ROUNDING POLICIES ARE LEGAL One of the year’s most important wage and hour decisions involved rounding of hourly employee time entries. AHMC Healthcare, Inc. v. Superior Court delivered a rare win for employers, affirming the legality of payroll systems that…

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