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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

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 used a timekeeping software system to record its employees’ hours worked; employees punched in and out to reflect the beginning and end of their shifts, including

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November 2, 2012

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

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. First, the Supreme Court concluded that with respect to meal breaks, employers fulfill their obligations under the California Labor Code when they relieve their employees of

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April 20, 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

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 and California law to compensate him for certain commute time. Specifically, Lojack provided Rutti, who worked from home, a company car and required him to travel

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May 16, 2010

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