In September 2022, Tim Williams was appointed to the California Lawyers Association Labor and Employment Section’s Executive Committee. Tim will serve a three-year term working with other members and advisors steering one of the state’s largest voluntary membership sections providing continuing legal education, scholarship grants, written publications, and other related content to the labor and...
Updates on California COVID-19 Paid Sick Leave
Effective February 2022, employers in California with more than 25 employees were again required to provide employees with COVID-19 Supplemental Paid Sick Leave due to a COVID-19 related reason (such as to care for oneself, a family member, or if the employee was attending a vaccine appointment). The law was retroactive to January 1, 2022,...
Berger & Williams, LLP settles historic class action after successful opinion from the California Supreme Court changing the law on use of independent contractors
In 2018, Tim Williams took over as lead counsel for the firm in Lee v. Dynamex. Originally filed in 2005, the case included two trips to the Court of Appeal and more recently, the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Changing the law in California...
California Supreme Court Updates Meal Period Laws
On February 25, 2021, the California Supreme Court issued an opinion regarding California’s meal period laws. It dramatically changes employers’ obligations in two respects, and reaffirms one key provision. First, if an employer is using a timekeeping system that “rounds” employee time entries for payroll at the beginning and end of the day, employers are...
Berger & Williams, LLP settles long-running class action after successful opinion from the California Supreme Court changing the law on use of independent contractors
In 2018, Tim Williams took over as lead counsel for the firm in Lee v. Dynamex. Originally filed in 2005, the case included two trips to the Court of Appeal and more recently, the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Changing the law in California on...
California Employers Must Pay Workers for De Minimus Tasks Performed After Clocking Out
The California Supreme Court recently determined that employees must be paid for tasks they are regularly required to perform for a few minutes before or after their regular work hours. Troester v. Starbucks involved a class action lawsuit against Starbucks by a shift supervisor who was required, after clocking out each day, to send...
California Employee Wins Claim He Was Deceived By Hiring Employer
An employee claimed he was tricked into accepting job that the employer misrepresented. After being fired, the employee sued the corporation and its two co-founders for fraud, breach of contract, and breach of the covenant of good faith and fair dealing. The employers claimed the employee was at will, and was not owed anything upon...
San Diego enacts historic minimum wage and sick leave ordinance
Following a voter referendum in June 2016, San Diego adopted a city-wide minimum wage higher than the California minimum wage, and a sick leave law more protective than state standards. Changes affect every business and every employee working in San Diego and will impact the city’s economy for years to come.
California Employers Cannot Require Employees to Be On-Call During Rest Breaks
On December 22, 2016, the California Supreme Court ruled that employers in California must give their employees 10 minutes of work-free rest breaks every four hours or major fraction thereof, and cannot require them to remain on-call and available for duty. In Augustus v. ABM Security Services, Inc. (“ABM”), Augustus and others sued ABM alleging...
Substantial recovery for an executive in a retaliation case
Harvey C. Berger represented a Vice President of Sales of a mid-sized technology company who went on FMLA leave for cancer surgery and treatment, but was terminated upon returning to work. Despite being rehired by his previous employer only four months later, Harvey was able to settle the case for almost $1 million, two weeks...
California sick leave laws affect all businesses in the state
In 2015, California lawmakers enacted an expansive set of paid sick leave requirements that will apply to millions of California workers. Paid sick leave is now mandatory for nearly all private employees, and employers are obligated to continue to restore sick leave year after year. Local sick leave laws enacted since 2015 have expanded worker...