A Supreme Court case may mean that California employees will have a harder time taking legal action against their employers, depending upon the ultimate decision. At issue is whether employers can legally require employees to enter into arbitration to collectively settle overtime, wage and other claims. Oral arguments were heard on Oct. 2, and Justice Breyer has said that the case has the potential to undermine the New Deal.
Workers in California may, in certain circumstances, be difficult to categorize as employees or independent contractors. The distinction is an important one when it comes to things like taxes, insurance and retirement savings. Those who are classified as employees are more likely to be entitled to unemployment benefits and reimbursement of expenses as well.
California employees may be interested to know that a judge has struck down an overtime rule created during the Obama administration. The ruling was issued on Aug. 31 by the same judge who blocked the rule from taking effect one year ago. If it took effect, the new rule would impact about 4 million workers, and it would allow those making up to about $47,000 to be automatically eligible for overtime pay.
Many California workers who are required to make phone calls, send texts or write emails after normal work hours may be interested to learn that their employer may be responsible for paying them for this work. Under the Fair Labor Standards Act, employers are required to pay non-exempt employees for any and all overtime hours that they work, which could include any work done on mobile devices after normal work hours.