|Dec. 12, 2018 | www.fisherphillips.com|
Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour laws of California have evolved to create a three-headed monster of their own when it comes to compensating employees paid in part by certain types of incentive-pay systems (most commonly commissions and piece-rates).
A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite several pretrial rulings in plaintiffs’ favor, an employer that is willing to take a wage and hour dispute to trial can still pull out a victory, even at the last minute—and even on relatively close questions. The Ortega v. J.B. Hunt Transport decision is one that all California employers can look to as a beacon of hope in a sometimes-murky legal atmosphere.