Category Archives: Jeffrey Gersh

The Los Angeles Increase in Minimum Wage and Who It Affects

Is Your Company Subject to the Minimum Wage Ordinance Taking Effect July 1, 2017?

The Office of Wage Standards increases the Los Angeles City and Los Angeles County minimum wage rates under the Minimum Wage Enforcement Ordinances.  If your minimum wage employees are on a bi-weekly pay schedule, starting the next pay period, they may be entitled to wage increases.  If the employees actually perform their work within Los Angeles City or Los Angeles County boundaries and they are not public employees, then the new minimum wage law (starting July 1, 2017) affects minimum wage employees’ pay rate in accordance with either the “small business” category (25 employees or fewer) or the “regular business” category (26 employees or greater).

For businesses that operate within the City of Los Angeles or the County of Los Angeles and are subject to either ordinance, pay rates for their employees increase next month.  The increase takes place this July 1, 2017 from $10.00 to $10.50 per hour for companies with 25 or less employees, and from $10.50 to $12.00 per hour for companies with 26 or more employees.

The City and County of Los Angeles only count the employees that work within the City and County boundaries—not outside—because an employee is defined as those “employees that work within the geographical boundaries,” so those employees outside the geographical boundaries do not help those employees within boundaries get the higher increase because they are not considered employees for purposes of this City or County Ordinance.

If you are unsure if your company or employer is subject to the small business category or regular business category, complete a MW2-MWO worksheet located at www.wagesla.lacity.org to find out.

To see if your company is within the boundaries governed by the City or County Ordinances, visit www.neighborhoodinfo.lacity.org.

For more information on wage and hour legal issues, including litigation, please contact Ryan C. C. Duckett at rduckett@stubbsalderton.com or Jeffrey F. Gersh at jgersh@stubbsalderton.com, or call (818) 444-4500.

Nothing herein shall be constituted as legal advice.

 

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our Firm.

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Six Stubbs Alderton & Markiles’ Attorneys Listed as 2017 Southern California Super Lawyers

Stubbs Alderton & Markiles, LLP is pleased to announce that six lawyers have been named to the 2017 Southern California Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

Stubbs Alderton & Markiles, LLP would like to congratulate the following attorneys named to the 2017 Super Lawyers list –

Scott Alderton - Super LawyersScott Alderton is a founding partner of the Firm, Managing Partner, and a member of the Firm’s Executive Committee.  Scott is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group and chair’s the Firm’s Interactive Entertainment and Video Games Group. Scott advises both public and private clients across a number of industries, including technology, manufacturing and distribution of goods in commerce, finance, the Internet, interactive video games, and new media industries.

Joe Stubbs - Super LawyersJoe Stubbs is a founding partner of the Firm, and a member of the Firm’s Executive Committee. He is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group, and of the Firm’s Mergers and Acquisitions Practice Group. Joe practices in the areas of corporate and securities law, emphasizing the corporate representation of both publicly-held and privately-held emerging growth and middle-market companies, venture capital and private equity firms, angel investment groups and investment banks.

Michael Sherman - Super LawyersMichael Sherman is an accomplished trial lawyer in high-stakes, “bet-the-company” litigation, and has represented both large and early-stage companies as well as entrepreneurs in all facets of business and complex commercial litigation. He has evenly split his litigation practice on both the plaintiff and defense side of cases, has first-chaired numerous trials in complex matters in industries as varied as energy, securities, healthcare, environmental, consumer products, technology, project development/finance, advertising, real estate and apparel, and is highly skilled in class actions and unfair competition law.

Jeffrey F. GershJeff Gersh - Super Lawyers is a Partner of the Firm. He has litigated, arbitrated, or mediated complex business and commercial matters, for both plaintiffs and defendants, whether individuals, public or private corporations, partnerships, limited liability companies and/or its members, shareholders and partners, involving various types of disputes, including contract matters, trade secrets, intellectual property (trademarks, copyrights and trade dress) negligence and fraud, employment, real estate, license agreements, the apparel and garment industry, and general business matters.

Kevin Debre - Super LawyersKevin D. DeBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.

Tony Keats is a partner of the Firm and Co-chair of the Trademark and Copyright Practice Tony Keats - Super LawyersGroup. Tony’s almost three decade legal career has focused on both the legal and business protection of brands and creative content from consumer products to entertainment, from designer goods to the Internet. Since he commenced practice, he has provided counsel and has litigated cases on behalf of many of the world’s largest consumer product and entertainment companies, as well as individual entrepreneurs, actors, and musicians. Tony’s litigation background also includes related commercial matters involving unfair competition, contract disputes, rights of publicity violations, business torts, domain name infringement, and idea submission claims.

The official Super Lawyers 2017 publication can be read in its entirety here.

For more information about Stubbs Alderton & Markiles, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com or (310) 746-9803.

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SAM Alert – “The Final Rule – United States DOL Regulations Regarding Overtime Pay”

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The Obama Administration and the Department of Labor (DOL) enacted the “Overtime Final Rule” regulation 6 months ago, which was supposed to be effective as of December 1, 2016.  However, in the recently consolidated pending cases Nevada v. U.S. Department of Labor and Plano Chamber of Commerce v. Perez, on November 22, 2016, the United States District Court, Eastern District of Texas enjoined enforcement of the Final Rule.  The Court upheld the challenges against the Final Rule based on arguments in support of the 10th Amendment – limiting the power of the federal government over the states.  It appears the DOL’s regulation will note be enforced as of December 1, however the ultimate outcome and the timing as to whether the Final Rule will be enforced is unknown.  The uncertainty has several employers scrambling for immediate answers and for good reason.

By the Final Rule, 4.2 million workers nationwide currently not eligible for overtime pay will automatically qualify as “non-exempt” employees entitled to overtime pay.  If effective, California employers will be required to align their policies with the Final Rule.  This includes approximately 400,000 employees in California.

What Happens.

Previously, California employees who worked at a managerial or other executive level and were paid a base annual salary higher than $23,660 were exempt from overtime.  The Final Rule establishes a bright-line divide between exempt and non-exempt employees by placing all employees making less than $47,476 annually or $913 per week into the non-exempt category – which means they are entitled to overtime.  This is over a 200% jump from the standard salary set in 2004.  Literally, any employee making under $22.85 per hour would be entitled to overtime regardless of his or her position.

Essentially, the Final Rule forces employers to either increase the gross salaries of all exempt employees making less than the new threshold, or in the alternative to ensure all employees under the threshold are paid overtime.  However, it gets trickier.  In California, if an employee works 9 hours in one day and 7 the next day, that employee is still likely entitled to an hour of overtime even if the work week balances at 40 hours – this depends on the “regularly scheduled” work week, and whether it is a 3 or 4 day work week rather than a 5 day work week.

What To Expect.

Employers were given a chance to change their overtime policies well in advance of the effective date of this new regulation.  As the grace period ended, the District Court prolonged it – but for how long?  As of today, employees who were not properly compensated would have had the right to sue for failure to pay overtime.  Certainly, several attorneys are already searching for employers not currently in compliance with the Final Rule.  If the regulation remains in effect, employers should be prepared to face widespread litigation – potentially class actions depending on the size of your company or quasi-class actions, such as Private Attorney General Act of 2004 (PAGA) complaints regardless of the company’s size.  Employers not already adjusted for the upcoming overtime policy should monitor the recent developments knowing a potential tidal wave of lawsuits may come.

What To Do.

Employers used the “exempt” classification as an excuse to work its employees late-nights and on weekends, without keeping track of their hours.  That luxury no longer exists.  If an employee makes less than the threshold, an employer needs to have records to challenge an employee’s potential overtime claim.   Employers should immediately implement a system to monitor the hours each employee works, whether it be enacting a policy prohibiting employees from working more than 8 hours in a day and 40 hours in a week, or requiring timesheets or clocking in-and-out.

Don’t subject your company to attorneys’ fees, statutory penalties, possible class actions and not to mention your own litigation costs.  It’s simply not worth it.  Keep track of your employees’ hours, and if your pay period begins before December 1, 2016, pro-rate the increase in salary or make sure you pay overtime.

Also, the recently enacted Labor Code Section 558.1 holds individuals liable for a company’s failure to pay overtime.  These individuals include managing agents, owners, directors or officers.  For more information on Section 558.1, stand-by for further analysis from Ryan C. C. Duckett and Jeffrey F. Gersh.

Now What.

The far-reaching implications of the recent November 22, 2016 ruling by the District Court raises many concerns that cannot yet be answered, such as: If the rule is enforced, will it be retroactive as of December 1st? or, How are employers and employees affected if this ruling is appealed? or, What do employers do who have already promised overtime pay or an increase in salaries to its employees? or, Should I start paying overtime, to play it safe?

For help on complying with the Final Rule and following the developments of District Court’s decision, contact Ryan C. C. Duckett (rduckett@stubbsalderton.com) or Jeffrey F. Gersh (jgersh@stubbsalderton.com) at (818) 444-4500.  Please note that nothing herein constitutes legal advice.

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