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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 Governor Extends Meal and Rest Break Penalties to Missed “Recovery Periods” Taken By Outdoor Workers

With narrow exceptions, existing California law requires employers to make available to hourly workers meal and rest breaks throughout the workday.  Employers who prevent hourly employees from taking legally compliant meal and rest breaks must pay a penalty of one hour of pay for each missed meal or rest break—up to a maximum penalty of two hours of pay per workday. In SB 435, Governor

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October 14, 2013

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 Increases Minimum Wage–Tips for Compliance

On September 25, 2013, Governor Jerry Brown signed into law a bill increasing the minimum wage from $8 per hour to $9 per hour effective July 1, 2014 and to $10 per hour effective January 1, 2016. California employers who employ minimum-wage earners should put a plan into place to be in compliance with this law as of the applicable effective dates.  In addition, because

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September 30, 2013

New California Law Confirms That “Sexual Desire” is Not an Element of a Sexual Harassment Claim

Governor Brown on Monday signed into law a new bill stating that the plaintiff in a sexual harassment lawsuit need not prove that the sexually harassing conduct was “motivated by sexual desire.” The law, Senate Bill 292, is a reaction to Kelley v. Conco Companies, 196 Cal. App. 4th 191 (2011), in which the plaintiff, an apprentice ironworker, sued Conco, one of the largest concrete construction companies

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August 14, 2013

Court Holds Companies Violated the Law By Having Unpaid Interns

In Glatt v. Fox Searchlight Pictures, Inc., the United States District Court for the Southern District of New York held that Defendants Fox Searchlight Pictures Inc. and Fox Entertainment Group, Inc. violated federal and New York labor laws by classifying the plaintiffs as unpaid interns instead of as paid employees. In this case, the plaintiffs worked on various of Defendants’ productions, including on the film “Black

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June 18, 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

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