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Several important topics are discussed in our February 2014 Newsletter. Please let us know if you have any questions or feedback for consideration. Thank you.
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NEWSLETTER - FEBRUARY 2014


PAGA Claims, The Future of Wage & Hour

Very few courts have taken up the issue of the PAGA claim.  While the law has been on the books for close to 10 years, PAGA was not initially embraced by the private bar.  Many practitioners saw it as an annoyance to have to wait the 33 days before amending.  Furthermore, at the conclusion of the case some amount would have to be allocated to the state. This drove people away and claims were not brought.
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By Eric Kingsley
Law360 Article Discusses Our Safelite Case - Overtime Wage

The Ninth Circuit on Tuesday vacated a California federal court's denial of class certification in an overtime wage spat between automobile glass repair company Safelite Group Inc. and a former employee, ruling that the judge had erred in denying the plaintiff's efforts to conduct precertification discovery.

In an unpublished unanimous opinion, the three-judge panel said that the failure to grant the early discovery request of Joseph Perez amounted to an abuse of discretion by the court, finding that Perez had established that additional information was needed to allege commonality of the class of former workers he sought to represent.
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The Great Seal of the State of California
New Meal and Rest Break Rules
Effective in 2014, SB 435

SB 435 expands meal and rest break rules to include “recovery” periods taken by employees to prevent heat illness. Labor Code 226.7 provides that an employee should receive one hour of pay as a penalty for not receiving rest or meal periods in accordance with California law. SB 435 expands the one hour of pay penalty to missed “recovery periods” and applies to any meal, rest or recovery period mandated by applicable statute, regulation, standard, or order of the California IWC, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health.  sB 435 defines “Recovery Period” as “a cool down period afforded an employee to prevent heat illness.” [Continue Reading]
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Who Benefits from New Employment Laws?

Numerous employee classes and vulnerable workers benefit from California laws taking effect in 2014.  As first reported by FOX 11 – Los Angeles, CA, low-income workers, immigrants in the country illegally, domestic caregivers and farm laborers will benefit from bills lawmakers passed in 2013. Many of the new laws took effect January 1, 2014 while others will take effect on July 1.

In 2013, the Democratic leaders of the Assembly and Senate stated one of their goals was to assist workers still reeling from the recession. Furthermore, Steve Smith, a spokesman for the California Labor Federation, called 2013 “a banner year for workers” in the state and said the benefits of the legislation would be felt immediately. “California has really established itself as a national leader in terms of protecting the rights of workers, and that’s exactly where we should be, in our view,” he said. [Continue Reading]

 
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