Kitchin Legal

It's going to be a busy year. The SF Chronicle reports that more than 100 Lyft and Uber drivers have filed wage claims with the Division of Labor Standards Enforcement in L.A. and San Francisco. They allege they are misclassified as a matter of law under #AB5 which went into effect January 1st and are entitled to substantial unpaid #wages and other benefits of employment.

More information about the recent decision by the Supreme Court about off-the-clock exit searches of employees in California from Kitchin Legal.

Fourteen years ago, my office filed a class action lawsuit against Polo Ralph Lauren over its practice of conducting "bag checks" or loss prevention inspections of employees after they had clocked out and were no longer being paid for their time. At issue in the case was whether the time our 6,700 clients spent waiting for and undergoing bag checks for stolen merchandise was compensable. The case settled in 2010 for $4 million during trial, after we had presented our evidence. Just this past Thursday, February 13, 2020, the California Supreme Court ruled that #bagcheck time is indeed compensable under California law. The law was unsettled on this issue in 2006 when we filed the Polo class action. The law is now settled! Here is a video on our case that we posted way back in 2010. We were right about the law, way back then!

Thanks to Dr. Ray Castro for the invitation!

The San Francisco Chronicle is reporting today that Assemblywoman Lorena Gonzalez, the author of #AB5, is seeking to amend the the statute to give greater contracting freedom to freelance journalists, photographers, musicians, small businesses and others, as well as to establish a fund to help small nonprofit arts groups comply with the law's mandates.

It's going to be a busy year. The SF Chronicle reports that more than 100 Lyft and Uber drivers have filed wage claims with the Division of Labor Standards Enforcement in L.A. and San Francisco. They allege they are misclassified as a matter of law under #AB5 which went into effect January 1st and are entitled to substantial unpaid #wages and other benefits of employment.

Yesterday, the California Supreme Court let stand a decision by a lower appellate court that held that a service charge added to a restaurant bill could be deemed to constitute a tip intended for service employees. The Court of Appeals had determined that a service fee could result in a violation of Labor Code sect. 351, which is meant "`to ensure that employees, not employers, receive the full benefit of gratuities that patrons intend for the sole benefit of those employees who serve them." If you work in the food and beverage industry, or know others who do, please pass this on.

In my latest Kitchin Legal Takeaway, I discuss California #SenateBill188, which is the first law in the nation making #discrimination based on protected hair style illegal in the #workplace and in public schools.

Interesting article in the San Diego Union-Tribune today. A student in a private high school in San Diego who is of mixed race was suspended when he refused to cut his braided hair. Now the school has reversed the order and has expunged the record of the suspension. Although the private school is not subject the California's first in the nation law outlawing discrimination and employment based on "protected hair style," the incident is raising calls for the end to discrimination based on hair styles in all California schools. Stayed tuned for a #KitchinLegalTakeaway on the new #CaliforniaLaborLaw called the #CROWNAct (Create a Respectful and Open Workplace for Natural Hair) in the coming few days. #californialaborlaw

This is an interesting overtime wage issue that impacts employees working in restaurants that have changed from tips to shared service charges in California. Where is your money going?

A warm thanks to my friends at Colibri Digital Marketing who have published my article on legal issues that arise when California companies work with independent contractors in other states.

In this Kitchin Legal Takeaway, I propose guidelines for employers who are facing #wage #lawsuits in California. How does an employer decide how to respond to wage claims?