nolanreiter

About Nolan Reiter

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So far Nolan Reiter has created 9 blog entries.

What Are Waiting Time Penalties?

By |2018-05-16T12:31:37-07:00May 16th, 2018|General|

If you quit your job, were fired, or laid off, your employer has a specific period of time under California Law to give you your final paycheck for all wages owed to you, including overtime, and accrued vacation and paid time off. Hagin v. Pac. Gas & Elec., 152 Cal.App.2d [...]

What Constitutes Wrongful Termination in California?

By |2018-05-16T12:31:13-07:00May 16th, 2018|General|

Were you terminated by your employer? In California, absent a “contract, express or implied, limiting the employer's right to discharge the employee,” employment contracts are generally terminable “at will” of either party Cal. Lab. Code § 2922; Foley v. Interactive Data Corp., 47 Cal.3d 654, 665 (1988). However, termination of [...]

Are State PAGA Claims Subject to Arbitration Agreements?

By |2018-05-16T12:28:22-07:00May 16th, 2018|General|

Are you considering bringing a California Private Attorney General Act (“PAGA”) claim against your employer in state court but want to know if the case is required to be brought in arbitration instead? In Iskanian, the California Supreme Court explained, a PAGA claim is a ‘dispute between an employer and the [...]

What is an Illegal Rounding Policy?

By |2018-05-16T12:27:45-07:00May 16th, 2018|General|

Does your employer have a policy of rounding your work hours? Such policies may be illegal if it results in a lower pay over time. The court in See's Candy Shops, Inc. v. Superior Court held that though California employers may use a timekeeping policy that rounds employee punch in/out times, [...]

What is a PAGA Claim?

By |2018-05-16T12:26:59-07:00May 16th, 2018|General|

Employees may, under The Private Attorney General Act (“PAGA”), bring a private right of action against employers to collect penalties on the state’s Labor and Workforce Development Agency (“LWDA”)’s behalf within one year of the alleged violation. Code of Civ. Pro. section 340(a).  In a successful action, the LWDA collects [...]

California’s New Paid Sick Leave Policies

By |2018-05-16T12:25:07-07:00May 16th, 2018|General|

Under the Healthy Workplaces, Healthy Families Act of 2014, if you are working in the State of California for 30 days or more in a year, your employer must provide you with paid sick leave for “diagnosis, care, or treatment of an existing health condition of, or preventive care for, an [...]

Employee Breaks Must be “Duty-Free”

By |2018-05-16T12:20:21-07:00May 16th, 2018|General|

As an employee, you are entitled under the law to “duty-free” meal periods. However, the California Supreme Court in Brinker Restaurant Corp v. Superior Court (2012) clarified that if you are working at least 5 hours a day, your employer’s duties are only met if it “relieves its employees of [...]

 “On Call” Breaks Violate the California Labor Code

By |2018-05-16T11:43:26-07:00May 16th, 2018|General|

Does your employer require you to be “on call” during rest periods? These policies may now violate the California Labor Code and Wage Orders. Under the California Supreme Court case Augustus vs ABM Security Services (2016), the California Supreme Court found that rest periods must be “an interval of time [...]