While California’s wage-and-hour rules recognize a number of exceptions for employees subject to a collective bargaining agreement, the California Supreme Court’s denial of review in Gutierrez v. Brand Energy Svcs. of Calif. is a reminder that such exceptions are not without limits. Case No. A154604, review denied 9/9/20.
The California wage order at issue in Gutierrez provided that “all employer-mandated travel that occurs after the first location where the employee’s presence is required by the employer shall be compensated at the employee’s regular rate of pay.” (Wage Order 16, § 5(A)). The wage order further provided that this requirement applied “to any employees covered by a valid collective bargaining agreement unless the collective bargaining agreement expressly provides otherwise.” (Id. at § 5(D), emphasis added). Continue Reading