Kitchin Legal Takeaway
What Does it Mean to Be “Exempt” under California Labor Laws?
What Exactly is an "Exempt Employee"? An “exempt” employee under California law may be paid on a salary basis, without overtime wages, without meal and rest periods, without certain record-keeping rights and without some of the other legal protections provided to...
How Much Does an Employment Attorney Cost?
In this Kitchin Legal Blog, I propose a framework to help employees and employers make informed decisions about retaining an employment attorney. Whether one is seeking to hire an attorney to evaluate human resource policies, or interviewing attorneys to prosecute or...
“How Long Do I Have to File a Lawsuit for Unpaid Wages?” Some Good News from a California Employment Attorney
Claims for violations of employment laws must be filed within the time limits mandated by laws called statutes of limitations. These laws establish deadlines for filing lawsuits against an employer for various kinds of violations. In this blog, I discuss the...
California Flexes its Muscles to Remind Fitness Studio Owners that Fitness Trainers are Employees, not Independent Contractors
Fitness Studios in California, including those that provide training in yoga, strength conditioning and stationary bike classes, have for years flourished in California by using workers classified as independent contractors. In fact, fitness instructors working for...
How Will the Passage of AB 5 in California Affect the Gig Economy?
Employees and Independent Contractors are as different as apples and oranges. California Governor Gavin Newsom signed Assembly Bill 5 into law on September 18, 2019 . AB-5 will have a significant impact on the so-called gig economy in California. With the...
Corporate Agents Can Be Held Personally Responsible for Unpaid Wages and Civil Penalties under the Private Attorneys General Act
The Private Attorneys General Act is a Powerful Tool The California Labor Code Private Attorneys’ General Act of 2004 ("PAGA") permits private persons to seek civil penalties on behalf of the State of California and other workers for alleged violations of a wide range...
Commission Wages Due After Termination of Employment
"He who shakes the tree is the one to gather the fruit." E. A. Strout W. Realty Agency, Inc. v Lewis (1967) Written by Patrick R. Kitchin California law requires employers to pay sales commissions to employees in accordance with their commission agreements, often...
Class Actions, Private Attorneys General Act Claims and the Federal Arbitration Act
The California Supreme Court continued its ongoing reassessment of the relationship between the Federal Arbitration Act (FAA) and California’s laws and public policies. Issues of Federal Preemption In Iskanian v. CLS Transportation Los Angeles , the Court held that...
Thousands of Piece Rate Workers in the California Salon Industry Are Owed Unpaid Wages
Salon Owners Must Exercise Caution Salon owners in California who pay employees on a commission wage basis are subject to liability for failing to pay all wages due. Under California law “commissions” are a form of wages applicable only to an employee who sells a...
Ninth Circuit Court of Appeals Rejects Class Certification Challenge in Vaquero v. Ashley Furniture Industries
The Ninth Circuit Court of Appeals has rejected a California employer’s challenges to class certification in a wage and hour class action lawsuit brought on behalf of 600 sales employees. At issue in the case was whether differences in the damages allegedly suffered...
