Category Archives: Wage and Hour

California Court Issues Stamp of Approval on Employer Timesheet Rounding Policies

Silva v. See’s Candy Shops, Inc., Cal. Ct. App. Case No. D060710 (filed Oct. 29, 2012), marks the first published California Court of Appeal decision approving employers’ use of rounding policies in calculating employees’ total hours worked. In this case, See’s Candy had … Continue reading

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United States Supreme Court Holds Pharmaceutical Sales Representatives Are Not Entitled to Overtime Pay

In Christopher v. SmithKline Beecham Corp., 132 S. Ct. 2156 (2012), the United States Supreme Court concluded that under the federal Fair Labor Standards Act (FLSA), the plaintiffs, pharmaceutical sales representatives (PSR) who spent much of their time meeting with … Continue reading

Posted in Outside Salesperson Exemption, Overtime, Wage and Hour | Leave a comment

California Supreme Court Issues Seminal Decision on Meal and Rest Breaks

After a long wait, the California Supreme Court finally issued its much-anticipated ruling in Brinker Restaurant Corp. v. Superior Ct., 53 Cal. 4th 1004 (2012), resolving several unanswered questions regarding employers’ obligations with respect to employee meal and rest breaks. … Continue reading

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Unlicensed Law Clerk is Exempt from Overtime Pay, California Court of Appeal Finds

Under California law, employees fall within one of two classifications:  (1) nonexempt, hourly employees, who are entitled to overtime pay (and certain other benefits), or          (2) exempt, salaried employees, who are not entitled to overtime pay … Continue reading

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Unlicensed Junior Accountants May Be Exempt Under California Law

In Campbell v. PricewaterhouseCoopers, LLP, 642 F.3d 820 (9th Cir. 2011), the Ninth Circuit considered whether 2,000 unlicensed accountants in California who had sued PricewaterhouseCoopers LLP were categorically ineligible to fall under two exemptions to California’s overtime laws—the professional exemption … Continue reading

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Ninth Circuit Holds Certain Commute Time is Compensable Under California Law

In Rutti v. Lojack Corp., 596 F.3d 1046 (9th Cir. 2010), Rutti filed a class action on behalf of all technicians employed by Lojack to install alarms in customer cars. The lawsuit alleged that Lojack unlawfully failed under both federal … Continue reading

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