Jan 24, 2022 | Consumer Protection
Conditional Validity Of Product Warranties For Gillette, Venus, Braun & Oral-B Products At Issue In Class Action Lawsuit
On January 21, 2022, a class action complaint was filed against The Procter & Gamble Company and The Gillette Company LLC (“P&G,” “Gillette,” or “Defendants”) for the manufacture, marketing, and sale of consumer products sold under brand names that include Gillette, Venus, Braun, and Oral-B.
According to the class action complaint, the lawsuit was brought against the Defendants for the marketing, manufacture and/or sale of consumer products, the warranties of which include statements that condition the continued validity of the warranty on the use of only an authorized repair service and/or authorized replacement parts (i.e., a “tying arrangement”).
Tying arrangements that condition a consumer product’s warranty on the use of a specific repair service in this manner violate state and federal law, according to the complaint. The Defendants, allegedly, exacerbate these violations by stating on the outside of the product packaging that the consumer products include a one-year limited warranty, but the unlawful repair restriction is not revealed to the consumer until after the point of sale. Moreover, the Plaintiffs and other class members would not have purchased a particular product, or would have paid much less, if the unlawful repair restriction was known.
The complaint alleges that the Defendants condition warranty coverage on unlawful repair restrictions, and in numerous instances, the Defendants, via their warranty statements for various appliances, condition warranty coverage on the use of the Defendants’ repair services to perform maintenance and repair work, rather than allowing consumers to repair the product themselves or take it to a third-party repair service.
By conditioning their warranty in this manner, the Defendants, according to the complaint, have violated the tying prohibition in the Magnuson-Moss Warranty Act, which prohibits companies from conditioning their warranties on the consumer’s use of any article or service (other than an article or service provided without charge under the terms of the warranty) identified by brand, trade, or corporate name.
If you purchased Gillette, Venus, Braun, and Oral-B products in the United States with a warranty provision that prohibits self-repair and/or the use of unauthorized parts, you are encouraged to contact Kehoe Law Firm, P.C. by completing the form above on the right or via [email protected] for a free evaluation of potential legal claims.
Jan 24, 2022 | Overtime & Wages
Minimum Wage & Overtime Pay For Employees In California
Although there are some exceptions, almost all employees in California must be paid the minimum wage as required by state law. Presently, the employee minimum wage applicable to employers in California with 25 or less employees is $14.00 per hour. The employee minimum wage applicable to employers in California with 26 or more employees is $15.00 per hour.
California’s schedule for new state minimum wage increases can be accessed by clicking here.
An employee CANNOT agree to work for less than the minimum wage. The minimum wage is an obligation of the employer and CANNOT BE WAIVED by agreement, including collective bargaining agreements.
In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek or double time.
Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:
One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
In California, there are a number of exemptions from the overtime law. There are also a number of exceptions to the general overtime law. An “exemption” means that the overtime law does not apply to a particular classification of employees, and an “exception” means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.
Minimum Wage Exceptions
There are some employees who are exempt from the minimum wage law, such as outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards.
There also is an exception for learners, and there are exceptions for employees who are mentally or physically disabled, or both, and for nonprofit organizations, such as sheltered workshops or rehabilitation facilities that employ disabled workers.
Differences Between State, Local & Federal Minimum Wage
Most employers in California are subject to both the federal and state minimum wage laws. Also, local entities (cities and counties) are allowed to enact minimum wage rates and several cities have recently adopted ordinances which establish a higher minimum wage rate for employees working within their local jurisdiction.
When there are conflicting requirements in the laws, an employer must follow the stricter standard; that is, the one that is the most beneficial to the employee. Thus, since California’s current law requires a higher minimum wage rate than does the federal law, all employers in California who are subject to both laws must pay the state minimum wage rate unless their employees are exempt under California law. Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates.
Source: California Department of Industrial Relations, Labor Commissioner’s Office, Minimum Wage & Overtime (Accessed 1/20/22); U.S. Department of Labor, State Minimum Wage Laws (Accessed 1/24/2022).
Employees Who Have Been Victims Of Employer Wage & Hour Violations
Workers who believe they are victims of employer wage and hour violations are encouraged to contact Kehoe Law Firm, P.C. by completing the form above on the right or via [email protected] to request a free, no-obligation evaluation of potential legal claims.
