Brinker Decision Delayed

Businesses will have to wait longer for a decision in the Brinker case.

As we reported last week, the California Supreme Court allowed the parties in Brinker to submit additional briefing on an issue that was raised during the November 8, 2011, oral argument. 

Now, the court extended its deadline for issuing a final decision in this protracted legal battle. Originally, the court had 90 days from the date of oral argument to issue its final decision, which meant that businesses could anticipate a decision no later than February 6, 2012.  

But on December 14, the court vacated its order that the case was submitted for a final decision and said that the case will be “resubmitted” on January 13, 2012. This will start the 90-day time period running again and a decision should be rendered no later than April 12, 2012.

Then again, there are clearly no guarantees …

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

San Francisco Minimum Wage Increases in January

The minimum wage in San Francisco will increase to $10.24 per hour, effective January 1, 2012: 

• This increase applies to all employers that have employees who perform work in San Francisco 
• Any person who performs at least two hours of work in a particular week for an employer within the city of San Francisco’s geographic boundaries is entitled to be paid the San Francisco minimum wage 
• This applies to all workers, regardless of whether they are legally authorized to work in the United States

For more information, visit San Francisco’s Office of Labor Standards Enforcement.

DLSE Sweep Yields More Than $400,000 in Fines

On September 16, 2010, a Division of Labor Standards Enforcement sweep covered 162 restaurants, and DLSE agents issued 88 citations against 79 of the restaurants investigated. Overall, the citations resulted in penalties of $448,950, according to a DLSE press release.

The DLSE, part of the California Department of Industrial Relations, regularly conducts statewide enforcement sweeps to search for employment-related abuses, such as not providing workers’ compensation coverage protection, not paying the proper minimum and overtime wages and not withholding the required payroll deductions.

Seventy-four businesses caught in the September sweep failed to provide workers' compensation coverage for their employees, and the $377,000 in citations issued to these businesses made up the majority of the financial penalties levied by the DLSE.

Visit HRCalifornia's Law Library to study up on complying with workers' compensation regulations.

Who Is An Employer? California Supreme Court Issues Important Ruling

The California Supreme Court today issued its ruling in the long-awaited case of Martinez v. Combs. The case involved seasonal agricultural workers employed by Munoz & Sons. Munoz sold strawberries to co-defendants Apio, Inc. and Combs Distribution. When Munoz had trouble paying his employees, the employees filed suit against Munoz, Apio, and Combs to recover unpaid minimum wages and waiting time penalties, among other relief. Munoz was later granted a discharge in bankruptcy.

The Court ruled that Apio and Combs were not plaintiff's employers because they had no power to hire or fire the workers, set their wages and hours, or tell them when and where to report for work. They also had no power to prohibit plaintiffs from working.

New Fed Minimum Wage Poster

The U. S. Department of Labor has updated its minimum wage poster to update criminal fine information regarding child labor and to delete the federal minimum wage amounts from 2007 and 2008. The DOL has indicated that the use of either this poster or the previous poster is acceptable. However, because the poster has been updated with new information, we strongly recommend posting the updated poster link to below in a conspicuous place in all of your establishments so as to permit employees to readily read it.

We spoke with the DOL today, which verified that the posting of the new poster is currently optional and the poster that is on CalChamber's all in one is still compliant.

Follow me on twitter: http://twitter.com/HRWatchdog  to stay up to date on issues like these! 

Black and white and color versions of the poster are available on the Cal Chamber Web site.