The trend is for plaintiffs' attorneys to file representative actions for violation of the Private Attorneys General Act (“PAGA”), pursuant to Labor Code section 2698, et seq., rather than class actions.  However, the Ninth Circuit Court of Appeal was presented with an issue of the first impression – whether civil penalties sought under PAGA could...

The IRS has recently announced that the 18% mandatory gratuity policy for large party dining will no longer be categorized as a tip.  Since a “tip” is supposed to be something the customer leaves at their discretion, the compulsory 18% policies utilized by many restaurants today change the character of the money to a...

The Original HoneyBaked Ham Company has agreed to pay $370,000 to settle a sexual harassment and retaliation lawsuit filed by the EEOC.According to the EEOC's lawsuit, female HoneyBaked Ham employees were subjected to sexual harassment and were fired and otherwise retaliated against when they complained. The lawsuit alleged that when a female employee reported...

Rounding Policies: See's Candy Decision Sweetens the Pot for Employees.See's Candy, the acclaimed candy retailer headquartered in San Francisco was recently slapped with a class action in San Diego Court. At the heart of the allegations was the candy store's “rounding” policies concerning their employees' punch cards.See's, much like many other companies today, used...

California employees receiving commissions have a right to know how their commissions will be calculated and paid.Effective January 1, 2013, employers who pay employees by commission are required to memorialize the commission arrangement in a written contract that includes: the method for calculating the commissions, a description of when the commissions will be deemed...