November 2011 | Donahoo & Associates

Thanks to Those Who Serve

This week, as we consider the many things we are thankful for, consider the service and sacrifice by members of our community who are called to be jurors in our civil justice system. Our system only functions with the willingness of the citizen-juror to sit and listen to facts and render impartial judgment. Without the willing juror, the system does not work.

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California Adopts New “Anti-Wage Theft” Law To Protect Workers

In January, 2012 California employees will have new protections against wage theft. California lawmakers have enacted new laws to protect workers against employers who cheat their employees. In a new law entitled “the Wage Theft Prevention Act of 2011” the Labor Code was amended to require employers to furnish to non-exempt employees, at the time of hiring, a notice specifying the employee's rate or rates of pay and the basis on which the employee's wages are to be calculated, e.g. hourly, daily, piece, salary, commission or by some other method.

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California Strengthens Laws Against Worker Misclassification

To avoid overtime, taxes, and insurance obligations, unscrupulous employers are known to misclassify their employees as “independent contractors.” The practice is illegal. Misclassification hurts not only the worker, but requires legitimate California businesses to carry the tax and workers compensation burden of cheating employers. California is strengthening its laws to combat misclassification and the “underground” economy.

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California Increases Penalties Against Contractors Who Violate the Prevailing Wage Law

The State of California has modernized and increased penalties that may be assessed against contractors who violate wage and hour laws on public works. The State has passed a new law, signed by Governor Jerry Brown, increasing the penalties against contractors who violate California’s Prevailing Wage Law.

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Reading Tea Leaves: The Brinker Case

For employment lawyers, predicting the holding of the Court in Brinker has been a favorite subject of conversation for years now.   Plaintiff and defense attorneys (and their clients) have been anxiously awaiting the decision for what seems like forever.   Our final prediction–there will be something in it for both sides and the decision will not ... Read More

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