Tag: Labor Code Section

Wrongful Termination: Labor Relations Law Preempted Employee’s Wrongful Discharge Lawsuit—But Caution Still Required

Richard Luke was a maintenance engineer for Collotype Labels USA, Inc., a Napa manufacturer of wine and liquor labels. Luke was suspended for three days for allegedly violating an absence-related work rule. He disagreed with the suspension and handled it by emailing Nigel Vinecombe, the group managing director for Collotype’s Australia office. Luke titled the […]

Wage Disputes: Time Limit to Recover Waiting-Time Penalties Clarified

A waiting-time penalty is assessed when an employer willfully fails to pay a worker the compensation he or she is entitled to on termination of employment. A California appeals court recently ruled that when a worker seeks waiting-time penalties but not unpaid final wages, his or her claim is subject to a one-year statute of […]

Wage and Hour: California High Court Backs Employer on Expense Reimbursement

In an important new ruling, the California Supreme Court has approved an employer’s practice of paying increased salaries and commissions to cover employees’ mileage expenses. At issue was Labor Code Section 2802, which requires employers to indemnify employees for necessary expenditures they incur as a result of the job. The employees here had argued that […]

Employment Law Tip: Direct Deposit—Don’t Force It

Direct payroll deposit can be a real timesaver for employers and employees alike. But did you know that California law prohibits employers from requiring employees to use direct deposit for their paychecks? Specifically, Labor Code Section 213 makes it clear that employers can use direct deposit, but only when the employee voluntarily authorizes it. Additional […]