The effectiveness of wage and hour lawsuits
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
The Fair Labor Standards Act and California’s wage and hour lawsuits set high standards for employers to compensate employees. Unless they claim an exemption, every California employer is required to pay minimum wage and overtime rates or face lawsuits filed by their employees. California’s wage and hour law The state’s employment laws require that employers pay minimum wage and overtime. The overtime rate must be one and one-half times the regular rate paid to the worker. An employee has to be compensated for working overtime without permission or for being forced to work against his or her w ..read more
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Settling Vail Resorts class action lawsuits
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
Vail Resorts has been the series of several class action suits, one of which was filed in the state of California. This suit involved claims that the company failed to properly pay its employees for years at a time. Developments in the case may point to a resolution. Proposed settlement A judge in California has made the decision to grant a preliminary approval of a proposed $13 million deal. This arrangement is intended to bring to a close a number of contentious wage and hour class actions against Vail Resorts. A settlement would not apply merely to the plaintiffs who are directly involved i ..read more
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Employees fight for power: Class action lawsuits in California
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
For years, employees have had several legal mechanisms to fight for their fair share of wages and against unfair labor practices. However, depending on the upcoming decision of the U.S. Supreme Court, millions of workers may no longer have as many avenues open to them to fight for what’s just and uphold the rights of employees. Current legal case under review In the case of Viking River Cruises, Inc., v. Moriana, the U.S. Supreme Court will make a ruling deciding whether or not a single employee can file a lawsuit on behalf of all the employees in a business connected to potential employer lab ..read more
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The problem of rounding time for meal breaks in California
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
California has certain rules that make sure employees receive adequate meal breaks according to labor law. Specifically, the state has made it illegal to round up time for meal breaks to the nearest 10-minute mark. Here are a few things employees should keep in mind to ensure that they are receiving adequate pay for work around meal breaks. What are the rules? Simply put, employment law states that employees are due a 30-minute meal break for every five hours they work. The meal break is not required to be paid, and the employee is due another 30-minute break for a meal if they work another fi ..read more
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Employee reimbursement for job-related expenses in California
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
Section 2802 of the California Labor Code requires employers in the Golden State to reimburse their employees for job-related expenses. This is to prevent companies from passing the costs of doing business on to their workers. However, Section 2802 states that only expenses that are necessary and reasonable must be reimbursed. With more and more employees paying higher utility bills and purchasing computers and other devices to work from home, the issue of expense reimbursement has become a hot-button employment law topic. Let’s look at this issue more closely. Reasonable and necessary Reimbur ..read more
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How to properly classify an employee
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
It isn’t uncommon for California companies to attempt to label their workers as independent contractors. By doing so, they are not required to provide benefits such as health insurance or a 401(k). However, it is important to understand that businesses themselves do not get to decide how to classify their workers. Instead, this determination must be made in accordance with clear IRS guidelines. Does your employer decide when you work? Generally speaking, independent contractors set their own hours. Therefore, if a company has you on a set schedule, there is a good chance that you are actually ..read more
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Do workers paid on commission or piece-rate get paid rest breaks?
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
You might make a decent living through commission-based or piece-rate compensation. Whether you’re entitled to a paid rest break may have never crossed your mind. However, California law requires employers to provide employees with a separately paid rest break, even for employees who may not earn an hourly wage. How long is a rest break? Under the law, you’re entitled to a paid, 10-minute rest break for every four hours you work. If you work three-and-half hours or less on a shift, your employer does not have to provide you with a paid rest break. Piece-rate workers Piece-rate workers are enti ..read more
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Can you leave your employer’s premises during your break?
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
5M ago
Most workers look forward to break time, since it gives them the opportunity to rest, run errands and eat. You may want to grab a bite from a local Los Angeles restaurant during this time. Or, you may want to take a snooze in a park close to company property. Yet, your supervisor may have reprimanded you from leaving the premises during break time. Before doing so again, you will want to understand whether California’s laws allow you to. California’s break laws Workers in California who clock between six and 10 hours per shift receive one paid 10-minute break for every four hours of work they ..read more
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PetSmart faces class-action lawsuit
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
1y ago
PetSmart now finds itself embroiled in a class-action lawsuit in California. The lawsuit addresses training programs and what the plaintiffs allege to be violations of state wage and hour laws. PetSmart and a unique class-action lawsuit PetSmart offers more than retail products for pet owners. The company provides grooming services and access to trained groomers. Many groomers enter their new careers by enrolling in PetSmart’s training program. A class action lawsuit now challenges PetSmart’s business practices regarding its groomer training services. The lawsuit claims that PetSmart does not ..read more
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The effectiveness of wage and hour lawsuits
Law Offices of Kevin T. Barnes Blog
by kevinbarnes
1y ago
The Fair Labor Standards Act and California’s wage and hour lawsuits set high standards for employers to compensate employees. Unless they claim an exemption, every California employer is required to pay minimum wage and overtime rates or face lawsuits filed by their employees. California’s wage and hour law The state’s employment laws require that employers pay minimum wage and overtime. The overtime rate must be one and one-half times the regular rate paid to the worker. An employee has to be compensated for working overtime without permission or for being forced to work against his or her w ..read more
Visit website

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