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Wage and Hour Claims

Wage and Hour Claims

Legislative History of 2004 Amendments to Labor Code Private Attorneys General Act, submitted by California Rural Legal Assistance Foundation. This the the legislative history of Senate Bill 1809, which amended the Labor Code Private Attorneys General Act.

New Federal Overtime Regulations, imposed by the Wage and Hour Division, United States Department of Labor. Here are the new federal overtime regulations, effective August 23, 2005. These regulations take away overtime pay from millions of administrative, professional, computer, outside sales, and "executive" employees.

DLSE Enforcement Manual , not submitted by DLSE. The Enforcement Manual of California's Department of Labor Standards Enforcement is important legal authority on wage and hour law. The new governor's administration removed it from the DLSE's website. After protest from CELA and others, the Enforcement Manual is back. Here it is.

DLSE Opinion Letters by Subject, not submitted by DLSE. Here are the DLSE's opinion letters, organized by subject. These opinion letters are part of the DLSE's Enfocement Manual, which is important legal authority on wage and hour law.

Agency Policy That Arbitration Agreements Unenforceable for Wage Claims , submitted by DLSE. Arbitration agreements cannot bar employees from recourse to the California Labor Commissioner on wage and hour claims, according to this policy interpretation by the Department of Labor Standards Enforcement.

Complaint for Pay for All Hours Worked and for Overtime, submitted by Harvey Berger. Complaint in a single plaintiff case which includes a request for waiting time penalties and attorney fees.

Complaint for Promissory Fraud Regarding Compensation, submitted by Harvey Berger. The employer allegedly induced plaintiff to move to California by making false compensation promises. Includes Labor Code § 970 claim and claims for breach of contract, fraud, tortious termination, and violation of Labor Code §§ 201 and 221.

Complaint in Wage and Hour Class Action, submitted by Harvey Berger. This class action complaint alleges that employer did not pay for all hours worked, did not pay overtime owed, made improper deductions from wages, did not reimburse work expenses, did not pay for split shifts, did not provide show-up pay, did not provide breaks and meal periods, did not accurately record hours worked and did not properly itemize wage payments. Includes alter ego allegations against individual defendants to piece the corporate veil.

Brief on Public Policy Favoring Wage and Hour Class Actions, submitted by Harvey Berger.

Damages Period Extended From 3 to 4 Years by Business & Professions Code § 17200, submitted by Harvey Berger.

Brief on Calculating Damages by Inference When No Time or Wage Records, submitted by Harvey Berger. When employers violate their statutory duty to keep time and wage records, the cases cited here hold that employees may prove damages by approximation and reasonable inference.

Waiting Time Penalties, submitted by Harvey Berger. When all wages owed are not paid by termination, the employer owes waiting time penalties of up to 30 days.

Motion re: Class Certification for Wage and Hour Claim, submitted by Harvey Berger. Detailed argument about why class certification is proper in wage and hour cases.

Reply re: Motion for Class Certification for Wage and Hour Claim, submitted by Harvey Berger. Further detailed argument about why class certification is proper in wage and hour cases.

Settlement Agreement in Class Action, submitted by Harvey Berger.

Stipulation for Entry of Judgment Pursuant to Settlement, submitted by Harvey Berger.

Motion for Approval of Class Action Settlement, submitted by Harvey Berger.

California Employment Lawyers Association   •   Phone: (818) 703-0587   •   Fax: (818) 703-0591