Kitchin Legal Takeaway
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...
Small Company? Big Risks!
We Can Help Lower Your Litigation Risk Over the years, Kitchin Legal has helped numerous small to mid-sized companies, including restaurants, general contractors, janitorial companies and healthcare providers, to understand and follow the complex laws governing the...
Tips or Service Charges? Challenges for the Restaurant Industry
Managing Tips and Service Charges Some restaurants in the San Francisco Bay Area are rethinking the tip or gratuity system we have all come to expect and accept. Instead of relying on tips to help increase wage levels for their employees, some restaurants are...
Court Approves Settlement Against BMW DriveNow
The San Francisco Superior Court today approved a $200,000 Private Attorneys' General Act settlement against BMW DriveNow prosecuted by Kitchin Legal. The settlement will result in the payment of substantial penalties to the state of California and to a group of 29...
An Economically Rational Approach to Resolving Wage and Hour Claims In California
Employers sometimes respond to employee wage and hour claims in ways that cause them to sustain unnecessary financial loss and workplace stress. They pay more money in attorneys’ fees and litigation costs than they should. They sacrifice the time and resources of key...
Crossing the Line: The Ninth Circuit Addresses Sexual Harassment in the Workplace
A male employee, one Rudolpho Lamas, complained about a female co-worker sexually harassing him for months. The employee complained that his coworker repeatedly pressured him to have sex with her, Lamas’s boss offered a suggestion: Try walking around the office...
