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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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15 Aug 2018 Common Sense Prevails in California Wage Victory, Falters in PAGA Action

Section 226 of the California Labor Code requires employers to provide and maintain accurate wage statements, including all applicable pay rates. A plaintiff is “injured” “if the accuracy of any of the items… cannot be reasonably ascertained from the four corners of the wage statement.”   In the recent case Raines v. Coastal Pacific Food Distributors, Inc., an employee sued her employer complaining that she could not readily figure out her overtime wage rate without using a calculator. She also brought a similar PAGA action…

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19 Jan 2018 The Death of PAGA Claims at the Hand of Individual Settlements

  Employers who are facing wage and hour lawsuits which include a Private Attorney General Act[1] (PAGA) claim would be happy to know that on December 29, 2017, an appellate panel determined that any plaintiff who settled his/her individual claims is subsequently barred from continuing with a claim under PAGA.   A three-judge panel for the California Court of Appeal for the Second Appellate District affirmed a 2016 ruling issued by Judge Kenneth R. Freeman of Los Angeles Superior Court that awarded summary judgment to…

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21 Jun 2017 California Supreme Court Clarifies Day-of-Rest Statutes

  The California Supreme Court recently clarified a question plaguing many California employers. Last month, the U.S. Court of Appeals for the Ninth Circuit asked the Supreme Court of California to address several unresolved questions concerning the construction of California’s day-of-rest statutes.   California Labor Code Sections 550–558.1 prohibit an employer from “caus[ing] his employees to work more than six days in seven” (§ 552), but do not apply “when the total hours of employment do not exceed 30 hours in any week or six…

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