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Supreme Court of California Finds On-Call Time Compensable Under California Labor Law

Published on February 15, 2015

The Supreme Court of California recently held that security guards who were required to be “on-call” as part of their security duties were entitled to compensation for their on-call time.  CPS Security Solutions, Inc. (“CPS”) provided 24-hour security for its clients’ construction sites.  During weekdays, officers assigned to the construction site were required to patrol for one eight-hour shift, be on-call for an additional eight-hour shift and then were off duty for the final eight...

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City of Oakland Increases Minimum Wage and Requires Paid Sick Days

Published on December 16, 2014

On November 4, 2014, voters approved Measure FF, which sought to raise the minimum wage in the city of Oakland to $12.25 and require employers to offer at least five days of paid sick leave to all employees; employers with larger businesses are required to provide nine days of paid sick leave.  The new law will go into effect on March 2, 2015. (more…) ...

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Don’t Pay That Waiting Time Penalty!

Published on September 11, 2014

California strongly favors the prompt payment of wages due to an employee.  The California Labor Code codifies this principle in Section 202, which provides in pertinent part that an employee who “quits his or her employment, his or her wages become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of her or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting.”  If an employer wil...

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Employer Cannot Attribute Commission Wages Paid in One Pay Period to Cure Shortfalls in Other Pay Periods

Published on August 11, 2014

On July 14, 2014, in Peabody v. Time Warner Cable, Inc. (Cal., July 14, 2014) ----P.3d----, 2014 WL 3397770, the California Supreme Court held that an employer cannot attribute commission wages paid in one pay period to cure shortfalls in other pay periods.  In that case, Time Warner paid its account executive on a biweekly basis, which included hourly wages in every pay period and commission wages approximately every other pay period.  The employee was paid $769.23 in hourly wages, the equiva...

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