Super User

Super User

Many California employers do not understand their legal obligation to pay “premium pay.” An employer’s failure to understand the obligation to pay “premium pay” when owed to an employee, can result in costly litigation pursuant to California’s Private Attorney General Act (“PAGA”). In general, “premium pay” is extra pay, at an employee’s regular rate of pay, that is owed to an hourly (non-exempt) employee when the employee fails to take a rest or meal period by the required time, due to action by the employer. For example, if an employer needs an employee to take a delayed rest or meal period because the employer is short staffed, the employee is owed one extra hour of pay, for a missed meal or rest period, up to a total of 2 premium pays in one work day. Specifically, Labor Code section 226.7 provides:  “(a) No employer shall require an employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission. [¶] (b) If an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.” For any questions, let us know at Floyd Skeren Manukian Langevin, (818) 206-9222. 

The California Department of Fair Employment and Housing (DFEH) has settled an employment discrimination case with the County of Los Angeles involving two complainants who were allegedly denied or delayed positions with the County due to the County’s pre-employment medical examination requirements, which the DFEH alleged were overly broad.

The Department of Labor (DOL) is reporting that a company, California Cartage Company LLC, which is based in Long Beach, California, will pay $3,573,074 to 1,416 employees after the DOL found the company violated federal contract provisions of the McNamara-O’Hara Service Contract Act (SCA).

The U.S. Equal Employment Opportunity Commission (EEOC) has released its FY 2018 sexual harassment data today - highlighting its work over the past fiscal year to address the pervasive problem of workplace harassment.

The U.S. District Court has approved a settlement between Alorica, Inc. and the United States Equal Employment Opportunity Commission (EEOC) for $3.5 million to resolve a sexual harassment lawsuit.

In a major victory for Uber Technologies, Inc., the Ninth Circuit Court of Appeal reversed a lower court’s ruling that certified a class of current and former drivers, and ruled that the claims against Uber for misclassifying their drivers as independent contractors must be filed individually as opposed to a class action.

A former Facebook content moderator, Selena Scola, is suing Facebook alleging that she developed Post Traumatic Stress Disorder (PTSD) from reviewing disturbing material on a daily basis as part of her job duties.

A group of female workers claim that Facebook and 10 other employers engaged in unlawful gender discrimination by excluding them from job ads.

The U.S. District Court approved a consent decree between Alorica, Inc. and the United States Equal Employment Opportunity Commission (EEOC) for $3.5 million and remedial measures to resolve a sexual harassment lawsuit.

The U.S. Supreme Court has ruled that public sector workers who are represented by unions cannot be required to pay union dues.

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