Navigating “Stay or Pay” Clauses
The use of “stay or pay” clauses in employment agreements is on the rise for many different jobs and industries, but these clauses are now facing heightened scrutiny because of their negative impact and unique harms on employees. What Are “Stay or Pay” Clauses? Stay or pay clauses occur when an employment agreement specifies that […]
The True Significance of the 4th of July for Workers
As we prepare for the 4th of July in California, here’s a reminder of what the holiday is all about, the history behind it, and the impacts it has had on workers. Originally known as Independence Day, this holiday is dedicated to commemorating the United States’ independence from Great Britain in 1776. However, most people […]
Boston Market Restaurant Employees Win Class Certification
On Wednesday, January 11, 2023, a California judge granted certification of a class of hourly restaurant employees who allege improper wage and hour practices at Boston Market Corporation restaurant locations in California. Boston Market Corporation is a fast casual restaurant chain specializing in rotisserie chicken meals. During the relevant time period, Boston Market Corporation operated […]
Women’s Soccer Team Wins Battle for Equal Pay
Background In 2019, the USWNT sued the U.S. Soccer Federation on the grounds of gender discrimination, claiming that they performed the same job as the men’s team, and for the same employer, but received significantly lower compensation. To highlight their hard work, the women’s team stated that they have outperformed their male counterparts by winning […]
What Is Wage Theft? 4 Things You Should Know
Employers must adhere to state and federal labor laws, including paying their employees fair wages for their time and work. However, what happens when the business you work for doesn’t meet its obligations in terms of salary and overtime pay? What is wage theft, and how do you know if you’re a victim? Understanding your […]
Is Your Male Colleague Paid More for the Same Work?
The federal and California Equal Pay Acts require that men and women in the same workplace be given equal pay for equal work. Despite this requirement, women working full-time, year-round only make 83 cents for every dollar men make. When all workers are considered, including those working part-time, the gap increases to 73 cents on […]
What is California Equal Pay? Who Does it Include?
Did you know that pay disparities cause working women in California to lose over $33 billion each year?1 This problem is even worse for women of color. In 2015, Governor Brown noted that, “Sixty-six years after passage of the California Equal Pay Act, many women still earn less money than men doing the same or […]
Proposition 22 (Prop. 22) & Gig Worker Classification
In November, Californians voted in favor of Proposition 22 (Prop. 22), a measure which classified gig workers as independent contractors. Prop. 22 was met with controversy from those who argued that it would negatively impact workers. What can we expect its impact to be? Worker classification is a hot topic in employment law, especially with […]
3M, Workers Get Initial OK For $1.5M Settlement In Wage Case Concerning Unlawful Pay Practices
Read a story featured in Law360‘s Employment Authority service on the 3M litigation involving unlawful pay practices: Matthew Matern, Launa Adolph, and Kayvon Sabourian from Matern Law Group, PC. The article is linked below. “Law360 (March 10, 2021, 5:42 PM EST) — A California federal judge has preliminarily approved a $1.5 million settlement between 3M […]
The Next COVID-19 Employment Litigation Hotbeds
Soon, the lawsuits that have made up the bulk of coronavirus-related litigation thus far — primarily concerning safety and wrongful termination — will give way to wage, discrimination and other related claims. While the suits filed so far reflect workers’ main concerns in the early days of the pandemic, as more businesses and courts open […]
Employment Law – Legislative Roundup
Drama and suspense ran high as lawmakers worked through the weekend until midnight last month to meet the August 31st deadline and pass bills for this year’s legislative cycle. Last-minute negotiations resulted in promising movement on important workers’ rights issues, including compensation, paid sick days, and family leave, but also gave rise to counter-measures from […]
When it Reins, It Pours
PAGA TAKEAWAYS FROM THE SUPREME COURT’S DECISION IN KIM V. REINS On March 12, 2020, the California Supreme Court issued its opinion in Kim v. Reins, landing a highly anticipated blow in favor of employees. (Kim v. Reins Int’l California, Inc. (2020) 9 Cal.5th 73.) Most notably, the court took an “expansive approach” to standing […]
California Legislature Passes Historic Minimum Wage Increase
On April 4th, Gov. Jerry Brown signed S.B. 3 into law, a historic measure by the California legislature which will raise the state’s minimum wage to $15/hour by 2022, followed by annual adjustments for inflation. The impact of the bill will reach beyond just the 2.2 million California workers who currently make minimum wage: economists […]
Minimum Wage Law in California as of July 1, 2019
Wage and hour laws set the basic standards for pay and time worked—covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, and so on. The federal wage and hour law is called the Fair Labor Standards Act. […]