In two recent cases (Oman v. Delta Airlines and Ward v. United Airlines), the California Supreme Court has answered important, unresolved questions regarding the application of California labor law to employees who only sometimes work in the state of California, such as airline workers. These opinions essentially clarify the circumstances under which employees such as airline workers who only occasionally work in California are entitled to the protection of this state’s wage and hour laws. …Read the rest »
Category: Employment Law
Employment Law - Bisnar Chase Blog
Employers in California have a responsibility to follow laws that apply to their employees regarding how long they can work and the breaks that they are allowed to have. For example, Wage and Hour laws in California state that employees must be given 10 minute breaks every 4 hours, a 30-minute meal break every 5 hours, and 2 meal breaks every 12 hours. Employees must also be paid overtime for every fraction of the hour worked over 8 hours a day or over 40 hours a week.
Bisnar Chase provides updates on wage and hour situations on our blog so that our visitors will remain knowledgeable about companies that try to bend the rules and to not give their employees their rightful breaks and compensation. Find out more about employment and wage and hour law here.
Apple must pay store employees in California for the time they spend waiting for their bags to be checked by security officers. According to a report on The Verge, the U.S. Court of Appeals for the Ninth Circuit issued the ruling, which reverses a summary judgment in Apple’s favor. The ongoing case began back in 2015 when a group of Apple retail workers in California filed a class action lawsuit arguing that under state law, they should be paid if they wait for bag searches, which the company requires but did not consider as time spent on the job. …Read the rest »
U.S. Rep. Carolyn Maloney, D-New York, has announced the introduction of the much-anticipated Pandemic Risk Insurance Act of 2020, a federal backstop for pandemic-related business interruption insurance, which is modeled after the Terrorism Risk Insurance Act. According to a report in the Claims Journal the bill, H.R. 7011, creates a program in which insurer participation is voluntary. Insurers who do participate would offer pandemic-related business interruption and event cancellation coverage, and they would be reimbursed by a federal backstop for some of their losses. …Read the rest »
There is currently a huge standoff between the nation’s leading insurers and businesses such as restaurants, gyms, movie theaters and hotels that have purchased insurance policies from these companies. According to a report in The Washington Post, this battle is spilling into the powerful corridors of the nation’s capital as both sides spar over what should be done over the enormous financial setback businesses have faced during this pandemic. …Read the rest »
More than 2,000 Uber and Lyft drivers in California have filed wage claims against the rideshare companies alleging the companies have treated them as independent contractors and owe them more than $630 million in lost wages, expenses and damages. According to a report in the Los Angeles Times, by calling to the influx of the claims, the drivers say they hope to pressure the state to enforce Assembly Bill 5, a law that established stricter standards of companies that treat workers as contractors rather than employees. …Read the rest »
The Federal Motor Carrier Safety Administration (FMCSA) has issued an expanded national emergency declaration to exempt truck drivers of hours-of-service regulations, which require them to take regular rest breaks while driving and between shifts. According to news reports, this was done during a national emergency situation with the pandemic because large trucks are required to deliver important items such as medications, hand sanitizers and personal protective equipment for clinics and hospitals, which are on the front lines of battling the coronavirus. …Read the rest »
The Trump Administration announced last week that it has loosened the federal government’s “joint employer” rule for businesses that use outside contractors for a variety of jobs. According to a report and analysis in the Los Angeles Times, this will make it more difficult for victims of wage theft at staffing agencies and subcontractors to sue companies where the violations occur. The rule also frees franchising companies from the responsibility for working conditions at their franchises. …Read the rest »
An Anaheim company that does inventory work for Trader Joe’s and Grocery Outlet is facing payments of back wages and fines totaling more than $1.6 million. According to a news report, the California Labor Commissioners Office made the announcement saying that Inventory Professionals have been ordered to reimburse 64 workers to whom the company failed to pay minimum wage, overtime and other types of compensation. …Read the rest »
Javier Jimenez Jr., 37, of West Covina, was fatally struck by a metal plate while working on an HVAC system at Disneyland early morning on Aug. 29. According to a news report in the Orange County Register, one of the man’s co-workers called for help around 3:20 a.m. The men, who worked for a third-party contractor, were in a backstage area installing chiller lines for the HVAC system. They were lowering a piece of equipment when it hit a beam and knocked over the metal plate. The plate struck the worker, who was in the trench, and knocked him over. …Read the rest »
Senate and signed by Governor Newsom. According to a report in the San Francisco Chronicle, hundreds of thousands of independent contractors ranging from Uber and Lyft drivers to manicurists could become employees under AB5. …Read the rest »