On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a pre-employment drug test, nor was WinCo required to cover the travel expenses associated with undergoing the test.
On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery services. Lawson had asserted claims for minimum wage, overtime, and expense reimbursement.
Continue Reading Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of Dynamex
On June 4, 2019, the Court of Appeal, Third Appellate District issued an unpublished opinion in Krista Townley v. BJ’s Restaurants, Inc. holding that BJ’s Restaurants was not required to reimburse its employees for the cost of black, slip-resistant, closed-toe shoes that BJ’s required its restaurant employees to wear. Due to the lack of California case law addressing the issue, BJ’s requested the opinion be published in the Official Reports. On July 5, 2019, the Court of Appeal granted BJ’s request and ordered the opinion certified for publication. This is the first published opinion in California to adopt the Division of Labor Standards Enforcement’s (“DLSE”) interpretation of a “uniform” and to hold that an employer is not required to reimburse employees for the cost of “non-uniform” work clothing. Matthew Sonne and Jason Guyser of Sheppard Mullin represented BJ’s Restaurants in this matter.
Continue Reading Employers Can Now Stand Firmly On Not Paying Employees For The Cost Of Slip-Resistant Shoes
On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public policy when his employer refused to reimburse gas mileage, pleaded facts sufficient to support a cause of action. Accordingly, the appellate court held that the trial court abused its discretion by sustaining the employer’s demurrer without leave to amend. While at first glance, employers may shudder at the expansion of constructive discharge claims, the case actually has a narrow, fact-specific holding.
Continue Reading New Decision Examines the Scope of Constructive Discharge
Every year, the Internal Revenue Service releases an optional standard mileage rate. Employers often use this standard to calculate the amount they will reimburse employees for using a personal vehicle in the scope of their employment.…
Effective July 1, 2008, the optional standard mileage rate will increase from 50.5 cents per mile to 58.5 cents per mile for determining the reimbursed amount of employee expenses in operating an automobile for business purposes.
On November 6, 2007, the California Supreme Court decided the case of Gattuso v. Harte-Hanks Shoppers, Inc., unanimously holding that employers may satisfy their business expense reimbursement obligations under the Labor Code by increasing salaries and/or commission rates under certain circumstances.…
In Gattuso v. Harte-Hanks Shoppers, Inc., Case No. B172647 (October 27, 2005), the California Court of Appeal considered Harte-Hanks Shoppers, Inc.’s policy of paying increased base salary and commission rates to cover mileage reimbursement expenses, and found this payment scheme complied with the law. Harte-Hanks, the marketing company that distributes PennySaver, California Shopper, and other similar advertising publications, employs both Inside Sales Representatives (“ISRs”) and Outside Sales Representatives (“OSRs”). Harte-Hanks’ ISRs and OSRs sell the same products. However, ISRs do so by telephone in Harte-Hanks’ office, while OSRs drive their personal automobiles to sell Harte-Hanks’ products. Harte-Hanks’ OSRs are paid a higher base salary and commission rate than its ISRs, in order to compensate the OSRs for automobile expenses.
Continue Reading California Court Of Appeal Upholds Mileage Reimbursement In The Form Of Increased Base Salary And Commissions