California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Exempt Employees

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Labor Commissioner’s ruling against Uber widely misunderstood by media

Posted in Best Practices For California Employers, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Earlier this week Uber appealed a California Labor Commissioner ruling against it holding that a driver was misclassified as an independent contractor.  In this video, I briefly discuss the ruling and the lesson it holds for employers. Misclassification of employees as independent contractors can carry many damages and penalties.  For example, Sections 226.8 and 2753… Continue Reading

Five statutes that can shift attorney’s fees to employers

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Resources, Technology & Law, Uncategorized, Wage & Hour Law, Wrongful Termination
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule in employment… Continue Reading

Five exempt employee classifications all California employers should understand

Posted in Best Practices For California Employers, Class Actions, Exempt Employees, Wage & Hour Law
I apologize for the long post in advance, but I’ve been receiving many questions about exempt vs. non-exempt classification of employees lately. This article is the first in a series of articles to help employers tread through this technical area, hopefully in a manner that makes it at least somewhat easier for employers to understand.… Continue Reading

Five New Year’s resolutions for California employers in 2015

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Wage & Hour Law
Happy New Year.  I started the Friday’s Five articles at the beginning of last summer, and the interest in the articles has been astounding, so I appreciate everyone who has read them and provided comments and feedback. If you have any topics you would like me to address, please let me know. With that said,… Continue Reading

Friday’s Five: Five areas of liability facing California employers

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Wage & Hour Law
1. Meal and rest breaks. If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 2. Exempt vs. non-exempt classification of employees. The default under California law is that every employee is entitled to overtime pay at a rate of time and a half… Continue Reading

Friday’s Five: Five California Labor Code provisions employees cannot waive

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Wage & Hour Law
Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between… Continue Reading

Complying With California’s Minimum Wage Increase

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Wage & Hour Law
Here is a short video regarding some items California employers should consider about the minimum wage increase taking effect July 1, 2014.  For more information about the minimum wage increase: Five issues California employers should review before the minimum wage increases July 1, 2014… Continue Reading

Friday’s Five: The World Cup and makeup time under California law. Five requirements for use of makeup time.

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Wage & Hour Law
The World Cup is upon us. I have to admit I had yesterday’s opening game between Brazil and Croatia on in the background while I was working. Given that this year’s World Cup is being held in Brazil, there is not much of a difference in time zones for those of us on the west… Continue Reading

Are you ready for the increase in minimum wage? Join us for a mid-year update on employment and corporate issues.

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law, Wrongful Termination
My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies.  For more information and to register, please complete the form below:  … Continue Reading

Five issues California employers should review before the minimum wage increases July 1, 2014

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Wage & Hour Law
Come July 1, 2014, California’s minimum wage will increase from $8 per hour to $9 per hour for all workers. The minimum wage will increase again to $10 per hour on July 1, 2016. Other than starting to work with their payroll provider to ensure that all hours worked as of July 1 will be… Continue Reading

What other legal issues arise from an increase in California’s minimum wage?

Posted in California Legislation Update, Employee Handbooks, Exempt Employees, Wage & Hour Law
With Governor Brown’s signing of the bill raising California’s minimum wage to $10.00 per hour by January 2016, there are a few new considerations this triggers for California employers.  This quick video discusses the increase in guaranteed salary employers must pay in order to for employees to qualify as exempt. … Continue Reading

New Laws Facing California Employers In 2013

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Wage & Hour Law
There are some significant changes regarding California employers’ duties in 2013. This list is an overview of the major changes that employers should consider and be aware of at the beginning of 2013.   Employers Cannot Ask Applicants Or Employees For Social Media Passwords – AB 1844 This law created Labor Code section 980, which… Continue Reading

Reminder To Carefully Draft Executive Agreements – Faigin v. Signature Group Holdings, Inc.

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, New Cases, Wrongful Termination
The judgment against the defendant for $1,347,000 in Faigin v. Signature Group Holdings, Inc. should be a good reminder for companies to have well drafted executive agreements. Faigin worked as General Counsel and Chief Legal Officer for Fremont General, a parent corporation. Defendant had various subsidiary companies that Faigin also worked for during his employment.… Continue Reading

Can California Labor Code Provisions Apply To Non-resident Employees Working in California?

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Wage & Hour Law
Given the increasing mobility of the workforce, the issue of which state’s laws apply to a traveling employee is becoming more and more common. In Sullivan v. Oracle Corp., the California Supreme Court held that California-based employers must pay non-resident employees working in California according to the California’s overtime laws. That means that a California… Continue Reading

Stephen Colbert Provides Reminder That Family Medical Leave Is Not A Laughing Matter

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees
It may come as a surprise, but Stephen Colbert is human, and like the rest of us, has a mother. He has taken a leave of absence from his show to apparently spend time with his ailing mother. An article I read recently notes how Colbert’s leave could trigger family medical leave. I thought the article… Continue Reading

2012 Wage and Reimbursement Rates For California Employers

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Wage & Hour Law
  2012 Requirement Source   California Minimum Wage     $8.00 per hour (unchanged from previous years)   California’s Industrial Welfare Commission   San Francisco Minimum Wage     $10.24 per hour   City of San Francisco Computer Professional Exempt Salary Rate       $38.89 or annual salary of not less than $81,026.25 for… Continue Reading

Webinar: New Laws Facing California Employers In 2012

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, Meal and Rest Breaks, New Cases, Wage & Hour Law
  Governor Brown signed a number of new employment laws that take effect in January 2012.  During this webinar, we will cover the new obligations facing employers under these recently enacted employment laws as well as the proper steps employers should take to comply with them.  The discussion will also cover the recent oral argument… Continue Reading

Recruiters for temporary staffing company must be paid overtime

Posted in Best Practices For California Employers, Exempt Employees, New Cases, Wage & Hour Law
The case Pellegrino v. Robert Half International, Inc. (RHI) was brought by recruiters alleging that RHI failed to comply with Labor Code provisions pertaining to overtime compensation, commissions, meal periods, itemized wage statements, and unfair competition (under Business and Professions Code section 17200).  As defenses, RHI argued that Plaintiffs’ claims were barred because they all… Continue Reading

10 common California employment law mistakes by start-up companies

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Expense Reimbursement, Meal and Rest Breaks, Wage & Hour Law
Start-up companies are usually saving every penny and operating on small margins. Simply the cost of defending an employment lawsuit could bring the entire venture into jeopardy. Here is a list of ten common California employment law mistakes made by start-ups: Assuming everyone can be paid a salary, and not paying overtime for hours over… Continue Reading

Court Holds Employer’s Settlement Agreement With Individual Class Members Is Valid

Posted in Class Actions, Exempt Employees, New Cases, Wage & Hour Law
In Chindarah v. Pick Up Stix, Inc. (February 26, 2009) the court of appeal held that employers may enter into settlement agreements with current and former employees over disputed wage claims. At issue in the case was whether the employer’s settlement and release agreements entered into with individual employees settling disputed overtime wages were valid… Continue Reading
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