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Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

CA Supreme Court Holds Employers Must Provide Non-Exempt Employees at Least One Day of Rest Each Workweek and Clarifies Other Day of Rest Rules

The California Labor Code entitles non-exempt employees to at least one day of rest every seven days. Specifically, Labor Code § 551 provides: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.”  Similarly, Labor Code § 552 provides: “No employer of labor shall cause his employees to work more than six days in seven.” Labor Code § 556 provides an exception to these

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May 18, 2017

California Makes Overtime Available to Nannies and Other Household Help

In Labor Code Sections 1450-1454, Governor Jerry Brown has enacted a new “Domestic Worker Bill of Rights,” which prohibit a “domestic work employee who is a personal attendant” from working more than nine hours in a workday or more than 45 hours in a workweek unless the employee receives 1.5 times the employee’s regular rate of pay for all hours worked over nine hours in

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October 2, 2013

California Labor Commissioner Announces Record-Breaking Assessments of Unpaid Minimum Wage and Overtime Claims Against Employers

According to a Department of Industrial Relations News Release issued yesterday, California Labor Commissioner Julie Su announced that “labor law enforcement under Governor Brown in the first two years of his Administration resulted in more minimum and overtime wages found owing to California workers and more monetary penalties for illegal business practices than in any previous year in the past decade.” The News Release states that the

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May 23, 2013

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 physicians and encouraging them to prescribe the defendant’s pharmaceutical products to their patients, were not entitled to overtime pay. Under the FLSA, employers are not required

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June 25, 2012

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 (or certain other benefits).  Because in many ways it is advantageous for employers to classify employees as exempt (so as to avoid paying overtime, keeping meticulous time

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August 26, 2011

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 and the administrative exemption—and concluded that they were not, reversing the trial court’s grant of summary judgment in favor of the plaintiffs. The Court first explained

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June 26, 2011

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