News

Useful Links to Determine Your Rights:

  1. California Department of Industrial Relations – Division of Labor Standard Enforcement (DLSE)
    http://www.dir.ca.gov/DLSE/
  2. How to File a Wage Claim with DLSE:
    http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
  3. Entitlement to Paid Family Leave – Employment Development Department (EDD):
    http://www.edd.ca.gov/Disability/Paid_Family_Leave.htm
    http://www.edd.ca.gov/Disability/PFL_How_to_File_a_Claim.htm

Recent & Important Employment Law News:

CALIFORNIA LABOR COMMISSIONER ISSUES OVER $500,000 IN CITATIONS TO RESTAURANTS

     California Labor Commissioner Julie A. Su has issued citations totaling nearly $505,000 to three restaurants (Urasawa restaurant of Beverly Hills, Ikebana Restaurant of Salinas and Seoul Jung of Santa Clara) for minimum wage, overtime and rest break violations, among others.

     The Labor Commissioner’s investigation at Urasawa restaurant, employing 8 workers, found that the kitchen staff regularly worked 10.5 hours each day without overtime pay, rest breaks or meal period breaks. The restaurant further failed to provide the workers itemized wage statements listing hours worked and rate of pay, as required by law. Three workers are due $38,585 in unpaid wages such as overtime and meal or rest breaks, while an $18,500 penalty was issued for failure to provide wage deduction statements and $8,700 penalty for failure to pay overtime and to provide rest and meal periods.

     The Labor Commissioner’s investigation of Ikebana restaurant, employing 14 workers, was assessed $186,145.88 for failure to pay 42 workers minimum wages, overtime and split shift premiums and failure to provide meal breaks. Additionally, a $60,550 civil penalty was issued for failure to provide employees with accurate wage deduction statements and for violating child labor provisions.

     The Labor Commissioner’s investigation of Seoul Jung restaurant, employing 6 workers, was assessed $165,709.29 for failing to pay overtime premiums to five workers.

VACATION TIME OFF

      Department of Industrial Relations, Division of Labor Standard Enforcement (“DLSE”), is a great source for information and education about your rights.  DLSE explains that “There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. (Suastez v. Plastic Dress Up (1982) 31 C3d 774) An employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay. Labor Code Section 227.3 The California Legislature, in order to ensure that vacation plans were fairly and equitably handled, provided that the Labor Commissioner was to “apply the principles of equity and fairness” in resolving vacation claims.” (For more information see: http://www.dir.ca.gov/dlse/faq_vacation.htm)

 

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