Recently indexed
Analysis of new laws and key decisions in California wrongful-termination and employment law.
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Gattuso v. Harte-Hanks Shoppers: § 2802 Expense-Reimbursement Methods
Harte-Hanks paid outside sales representatives higher salaries and commission rates than inside representatives and treated the difference as reimbursement for their automobile expenses. The…
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Kilby v. CVS Pharmacy: The “Suitable Seating” Test
Answering three questions certified by the Ninth Circuit, the California Supreme Court held that the “nature of the work” under the wage orders’ seating…
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Vaquero v. Stoneledge Furniture: Separate Rest-Period Pay for Commissioned Employees
Stoneledge paid furniture sales associates on commission with a guaranteed $12.01 hourly draw that was deducted from later commissions. The Court of Appeal reversed…
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Mendoza v. Nordstrom: The Day-of-Rest Trilogy
Two Nordstrom employees worked stretches of more than six consecutive days, but never seven days inside a single established workweek, and always with at…
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See’s Candy Shops v. Superior Court: Time Rounding Under the Federal/DLSE Standard
There is no California statute or case law authorizing or prohibiting employee time rounding, so Division One borrowed the federal rule: an employer may…
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Sullivan v. Oracle: CA Overtime for Nonresidents Working in California
Three Oracle instructors living in Colorado and Arizona worked a limited number of days in California for their California-headquartered employer. Answering certified questions from…
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Schachter v. Citigroup: Forfeiture of Unvested Incentive Comp
Citigroup let employees take part of their annual compensation as discounted restricted stock vesting only after two years; an employee who resigned early forfeited…
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Suastez v. Plastic Dress-Up Co.: Vacation Pay Vests as It Is Earned
A worker fired nine months into his vacation year was denied every day of accrued vacation pay because his employer’s policy made eligibility turn…
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Cochran v. Schwan’s Home Service: Cell-Phone Reimbursement Under Labor Code 2802
A class of 1,500 customer service managers was denied certification because the trial court believed Labor Code section 2802 liability turned on each employee’s…
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Bradsbery v. Vicar Operating: Prospective, Revocable Meal-Period Waivers Are Valid
Two veterinary workers signed a standing written waiver of their meal break for shifts of six hours or less — revocable at any time…