DLSE Sweeps Update on FLC Signage

Keeping our finger on the pulse of the DLSE's unannounced site visits this week to check for FLC sign compliance, our continued incoming industry reports demonstrate these DLSE surprise visits are persisting this week and are likely to continue.

Meanwhile, concern has been registered by FLC’s understandably reluctant to publish the personal cell phone numbers of their supervisors. Employers should provide the most accessible office number where staff can then contact the supervisor provides compliance while protecting the privacy of those supervisors.

The Court of Appeal has recently held  that an employer must reimburse employees when they use their personal cell phones for work-related calls. Cochran v. Schwan's Home Service, Inc. (B247160). The Court relied on Labor Code section 2802 which requires employers to indemnify employees for all the necessary expenditures or losses incurred by the employees in the scope of their employment. 

On Wednesday, President Obama suggested that he will use his executive power to advance immigration reform. Due to Congressional inaction, Obama has said he has no choice but to act alone. “In the face of that kind of dysfunction, what I can do is scour our authorities to try to make progress,” Obama said. “And we’re going to make sure that every time we take one of these steps that we are working within the confines of my executive power. But I promise you, the American people don’t want me just standing around twiddling my thumbs and waiting for Congress.”

Question: My employees meet at the designated work location. Upon arrival, their foreman tells them the location of the worksite for that day. Some of the employees do not own vehicles and carpool with their co-workers from the designated work location to the assigned worksite. Do I have to pay employees for the travel to the assigned worksite and separately reimburse the employees who use their own vehicles?

Answer: Yes. The employer must compensate the employees for travel time between the worksites and separately reimburse employees who use their own vehicles to travel from the designated location to the assigned worksite for mileage.

Wage and hour lawsuits are about to get even more expensive for employers. A.B. 2074 is a bill that would modify California labor law concerning minimum wage violations. The bill passed the state Senate on Monday on a 25-10 vote and now heads to Governor Jerry Brown. The new bill would allow employees to pursue liquidated damages anytime before the expiration of the statute of limitations for bringing the underlying action alleging minimum wage violations.

The National Labor Relations Board ("NLRB") rules that McDonald's, USA, LLC ("McDonald's") can be liable as a joint employer with its franchise operators for labor law and wage and hour violations.

In investigating the charges alleging McDonald's franchisees and McDonald's violated the rights of employees as a result of activities surrounding employee protests in an effort to increase employee wages, the NLRB found that 43 of the 181 charges had merit and McDonald's will be named as a respondent if the parties are unable to reach a settlement.

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