©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 297 15 E.g., Balasanyan v. Nordstrom, Inc., 913 F. Supp. 2d 1001 (S.D. Cal. 2012) (Labor Code requires employer to directly compensate salespeople at least minimum wage for any time spent on non-commission-producing activity, in addition to paying contractually required commission or guaranteed minimum draw rate for time spent making sales), mandamus denied, In re Nordstrom, Inc., 719 F.3d 1129 (9th Cir. 2013). See also Gonzalez v. Downtown LA Motors, LP, 215 Cal. App. 4th 36 (2013) (for piece-rate employees, a separate minimum wage applies for non-productive hours worked) (review denied); Quezada v. Con-Way Freight, Inc., 2012 WL 2847609, at *6-7 (N.D. Cal. July 11, 2012) (“California law does not allow an employer to ‘build in’ time for non-driving tasks into a piece-rate compensation system”; “Labor Code requires employees to be paid an hourly rate for all time performing tasks other than driving”), mandamus denied, In re ConWay Freight Inc., 720 F.3d 1136 (9th Cir. 2013). 16 Bluford v. Safeway Stores, Inc., 216 Cal. App. 4th 864 (2013). 17 Vaquero v. Stoneledge Furniture, LLC, 9 Cal. App. 5th 98, 110 (2017) (“We agree with Bluford that Wage Order No. 7 requires employers to separately compensate employees for rest periods if an employer’s compensation plan does not already include a minimum hourly wage for such time. … All of the federal courts that have considered this issue of California law have reached a similar conclusion and have held employers must separately compensate employees paid by the piece for nonproductive work hours.”). 18 Armenta v. Osmose, Inc., 135 Cal. App. 4th 314, 323 (2005) (California protects “the minimum wage rights of California employees to a great extent than federally”; utility pole workers thus could seek the minimum wage for all hours worked, including nonproductive time such as travel time in company vehicles and time spent completing paperwork). For federal court cases following Armenta, see Quezada v. Con-Way Freight, Inc., 2012 WL 2847609, at *2, 6 (N.D. Cal. July 11, 2012) (employer must pay directly for “all hours worked” and thus could not rely on payments per mile driven, plus an hourly wage for plant work; employer must also pay separately for vehicle inspections, paperwork completion, etc.); Cardenas v. McLane FoodServs., Inc., 796 F. Supp. 2d 1246, 1249-53 (C.D. Cal. 2011) (employer must pay truck drivers for pre- and post-shift inspections, as that time was not included in the hourly rate); Ontiveros v. Zamora, 2009 WL 425962 (E.D. Cal. Feb. 20, 2009) (employer cannot just pay mechanics for the number of repairs completed, but must also pay them for hours worked while not performing repairs). 19 Gonzalez v. Downtown LA Motors, LP, 215 Cal. App. 4th 36 (2013) (automotive service technicians paid a “piece-rate” basis for repair work must also be paid a separate hourly minimum wage for time they spent during their workshifts waiting for vehicles to repair or performing other nonrepair tasks directed by their employer). 20 Balasanyan v. Nordstrom, Inc., 913 F. Supp. 2d 1001, 1007 (S.D. Cal. 2012) (dismissing FLSA minimum wage claim while permitting California minimum wage claim to continue, because, under California law, “employees must be directly compensated at least minimum wage for all time spent on activities that do not allow them to directly earn wages”; thus store salesperson paid with commissions, with guarantee of being paid, on average, at least the minimum wage, was still separately owed the California minimum wage for non-sales activities such as stocking merchandise). 21 Vaquero v. Stoneledge Furniture, LLC, 9 Cal. App. 5th 98, 110 (2017). 22 Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018). 23 9 Cal. 5th 762 (2020). 24 Id. at 789. 25 See Lab. Code § 1205(c) (authorizing jurisdictions to impose labor standards through “exercise of local police powers or spending powers”). 26 Amaral v. Cintas Corp., 163 Cal. App. 4th 1157 (2008). 27 See http://sfgsa.org/index.aspx?page=411 (visited Mar. 15, 2022). 28 Id. 29 See www.cityofberkeley.info/MWO (visited Mar. 16, 2022). 30 See https://www.ci.emeryville.ca.us/1024/Minimum-Wage-Ordinance (visited Mar. 16, 2022). 31 See https://www.minimum-wage.org/california/los-angeles-minimum-wage (visited May. 26, 2022). 32 See https://wagesla.lacity.org/sites/g/files/wph1941/files/2022-02/2022%20MWR%20Increase%20Notice.pdf (visited Mar. 16, 2022). 33 See https://wagesla.lacity.org/ (visited July 6, 2023). 34 See https://wagesla.lacity.org/sites/g/files/wph1941/files/2023-05/2023%20CHWMWO%20Wage%20Chart.pdf(visited July 10, 2023). 35 See https://dcba.lacounty.gov/minimum-wage-for-businesses/ (visited Mar. 16, 2022). 36 Id. 37 Id. 38 Id. 39 See https://cao-94612.s3.amazonaws.com/documents/Measure_FF_English_Poster_Set_2022.pdf (visited Mar. 26, 2023). 40 See https://cao-94612.s3.amazonaws.com/documents/English_Measure_FF_Poster_Set_20231.pdf (visited Mar. 26, 2023). 41 See https://cao-94612.s3.amazonaws.com/documents/English_Measure_Z_wage_poster_2022.pdf (visited Mar. 26, 2023) and https://cao-94612.s3.amazonaws.com/documents/English_Measure_Z_Poster_Set_2023.pdf (visited Mar. 26, 2023). 42 See https://www.cityofpaloalto.org/Business/Business-Resources/Minimum-Wage (visited Mar. 16, 2022). 43 Id. 44 See https://www.cityofpaloalto.org/files/assets/public/doing-business/minimum-wage-notice-and-flyer-2023-english.pdf (visited Mar. 16. 2022).
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