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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.

Airline Workers Should Receive Wage Statements Under California Labor Code Section 226

By Brian Chase on September 26, 2020 - No comments

airline employee wage and hour

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 »

Posted in: Employment Law

 

Apple Ordered to Pay California Store Workers for Time Spent in Bag Searches

By Brian Chase on September 11, 2020 - No comments

Apple Ordered to Pay California Store Workers for Time Spent in Bag Searches

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 »

Posted in: Employment Law

 

Federal Bill Introduced for Business Interruption and Event Cancellation

By Brian Chase on June 1, 2020 - No comments

The Issue of Physical Loss in COVID-19 Business Interruption Lawsuits

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 »

Posted in: Employment Law

 

Businesses are Battling Insurers Over the Coronavirus Business Interruption

By Brian Chase on May 11, 2020 - No comments

Businesses are Battling Insurers Over the Coronavirus Business Interruption

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 »

Posted in: Employment Law

 

Uber and Lyft Drivers File Wage Claims

By Brian Chase on April 27, 2020 - No comments

Uber and Lyft Drivers File Wage Claims

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 »

Posted in: Employment Law

 

Truck Drivers Exempted from Hours of Service Rules During Coronavirus Pandemic

By Brian Chase on March 27, 2020 - No comments

Truck Drivers Exempted from Hours of Service Rules During Coronavirus Pandemic

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 »

Posted in: Employment Law

 

Trump Administration’s New Law May Have Made Wage Theft Lawsuits Harder, But Not in California

By Brian Chase on February 3, 2020 - No comments

Trump Administration's New Law May Have Made Wage Theft Lawsuits Harder, But Not in California

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 »

Posted in: Employment Law

 

Trader Joe’s and Grocery Outlet Contractor Faces $1.6 Million in Fines for Wage Theft

By Brian Chase on November 8, 2019 - No comments

Trader Joe's and Grocery Outlet Contractor Faces $1.6 Million in Fines for Wage Theft

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 »

Posted in: Employment Law

 

Worker Fatally Struck by Metal Place in Disneyland

By Brian Chase on August 30, 2019 - No comments

Disney Attempts to Block Class Action Status for Gender Pay Lawsuit

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 »

Posted in: Employment Law

 

California Assembly Bill to Limit Contractor Status for Gig Workers

By Brian Chase on June 3, 2019 - No comments

California Assembly Bill to Limit Contractor Status for Gig Workers

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 »

Posted in: Employment Law

 



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