California Employment Law Report

California Employment Law Report

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

Archives: Wage & Hour Law

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Five myths about California employment law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
Golden Gate BridgeThis week’s Friday’s Five covers five misconceptions about California employment law that can land employers in a lot of hot water: Meal and rest breaks see so trivial. The topic for the uneducated (or out of state) employer does seem trivial.  However, with the penalty owed to employees of one hour of pay for each… Continue Reading

Friday’s Five: Five reminders about rest breaks under CA law

Posted in Best Practices For California Employers, Meal and Rest Breaks, Wage & Hour Law
Coffee BreakFriday is here already?  Today’s post is a review for many experienced operators in California, but surprisingly I’ve been getting a lot of questions about 10-minute rest breaks recently by a lot of employers.  So I thought I would have a refresher post for today’s Friday’s Five about some requirements about 10-minute rest breaks under California… Continue Reading

City of San Diego’s minimum wage and paid sick leave law effective July 11, 2016

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
The City of San Diego’s minimum wage increase and paid sick leave were made effective on July 11, 2016.  Therefore, all employers that have workers who work within the City of San Diego for two hours or more in any week must comply with the minimum wage increase ($10.50/hour) and paid sick leave requirements.  The… Continue Reading

Los Angeles area employers: checklist to comply with July 1 minimum wage and paid sick leave laws

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Resources, Wage & Hour Law
Next week Los Angeles employers need to comply with new minimum wage and paid sick leave requirements.  I have written about the new laws a lot recently, but wanted to provide five items in today’s Friday’s Five to review in ensuring your company is ready for the new laws for next week’s deadlines: Understand where… Continue Reading

Los Angeles County minimum wage ordinance – traps for employers

Posted in Best Practices For California Employers, California Legislation Update, Resources, Wage & Hour Law
Following the City of Los Angeles, the County of Los Angeles implemented a new minimum wage increase for all unincorporated cities within Los Angeles County.  The minimum wage law follows the City’s requirements, but there are a few areas where the County differs, which can be a trap for employers: 1) County of Los Angeles… Continue Reading

Five local minimum wage and paid sick leave laws applicable to Southern California

Posted in Best Practices For California Employers, Employee Handbooks, Wage & Hour Law
Welcome to this weeks Friday’s Five.  In the last two weeks in early June 2016, many local governments in Southern California have passed laws increasing the minimum wage and the amount of paid sick leave benefits to employees.  This Friday’s Five is a summary of five minimum wage and paid sick leave requirements that employers… Continue Reading

Five questions about Los Angeles’ minimum wage increase all employers should understand

Posted in Best Practices For California Employers, New Cases, Resources, Wage & Hour Law
Businesses that have worksites or operate within Los Angeles City or County need to review the minimum wage laws that go into effect July 1, 2016.  While there are still many unanswered questions about the ordinances, there are key items employers need to start reviewing now to ensure compliance by the July 1, 2016 implementation. … Continue Reading

Employment law mid-year update and mixer

Posted in About the California Employment Law Report, Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law, Wrongful Termination
Join me for a seminar for a mid-year update on California employment law issues.  Learn how to keep your company compliant with new developments in California.  Topics will include: Top five pitfalls facing California employers in 2016 How to prepare for the Department of Labor’s changes to the overtime rules going into effect on December… Continue Reading

DOL overtime rule changes: Five action items for employers

Posted in Best Practices For California Employers, Exempt Employees, Wage & Hour Law
WorkerThe DOL’s Final Rule was issued this week (see my previous article for the details), and we have had a few days to digest the new rules.  Now employers need to start putting together a plan to ensure compliance with the federal rules, and take time to ensure they are also complying with applicable California… Continue Reading

Department of Labor issues overtime rule changes

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Wage & Hour Law
DOLOn May 18, 2016 the Department of Labor issued long awaited changes to the Federal rules setting forth the requirements for employees to qualify as exempt under the white collar exemptions.  Exempt employees are “exempt” from some labor laws governing employees, such as overtime pay.  Exempt employees are designated as such because they are “exempt”… Continue Reading

Five action items employers can take pending the DOL changes in exempt classifications

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Wage & Hour Law
DOLIn 2015 the Department of Labor (DOL) proposed increasing the salary employees must receive in order to be classified as exempt.  The DOL finalized the rules and the changes are pending before the White House’s Office of Management and Budget.  If approved, it is likely that the final rules would take effect late summer or… Continue Reading

Five employment law developments in California

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Technology & Law, Wage & Hour Law
A lot was happening this week in California’s employment law.  This week’s Friday’s Five is a round-up on the highlights: 1.       Los Angeles City Council votes to require employers to provide 6 days of paid sick leave. The LA City Council approved a measure to require employers to provide employees up to six paid sick… Continue Reading

Terminations: Five considerations for all California employers

Posted in Best Practices For California Employers, Terminations, Wage & Hour Law
This week’s Friday Five is a discussion focused on a discussion of considerations employers should make during the termination process, such as: how to document reasons for terminations (and why it is important to be accurate and honest) when final wages are due where to provide final wages payment of expense reimbursements, and direct deposit… Continue Reading

EEOC’s proposal to require additional information about employee’s race, gender, ethnicity and wages, five key issues to understand

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
Happy Friday.  Big data has entered into the employment context.  The EEOC is proposing changing the EEO-1 report to require employers to report about an employee’s earnings based on their race, gender and ethnicity.  Here are five things employers should know about the EEOC’s proposal: 1.      Proposal to add wage data about employees to EEO-1… Continue Reading

Don’t forget to update wage information on notices required by Wage Theft Protection Act in 2016

Posted in Best Practices For California Employers, Employee Handbooks, Wage & Hour Law
California employers are required to provide non-exempt employees with certain information upon hire as required by the Wage Theft Protection Act.  The law became effective in 2012 and is codified at Labor Code section 2810.5.  Many employers use the Labor Commissioner’s template (embedded below) to meet their legal requirement, and will pre-populate the items in… Continue Reading

Friday’s Five: 2016 will be the year of joint employer liability – is your company ready?

Posted in Best Practices For California Employers, California Legislation Update, New Cases, Resources, Wage & Hour Law
Vertical-joint-employment-2-768x7682016 will be a year in which joint employer liability will be a major issue for employers.  Why am I making this prediction?  First, the NLRB has refocused attention to this issue in hopes of expanding the number of employers that can be found jointly liable.  Second, the Department of Labor issued an Administrative Interpretation… Continue Reading

Five action items to start 2016 off right

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Resources, Wage & Hour Law
I cannot believe it is already Friday, and one week done in 2016.  This Friday’s Five focuses on a few action items for employers can use to start a review of their employment policies for 2016.  1.      Ensure the new hire packets contain all required information for employees.  If employers do not have a standard… Continue Reading

Five videos all California employers should watch for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Happy New Year!  This Friday’s Five consists of five new video’s taken from a recent presentation I conducted on new employment laws facing California employers in 2016.  Wishing everyone the best in 2016. 2016 Update: California’s new equal pay protections: 2016 Update: Meal and rest break considerations: 2016 Update: Minimum wage increases state and locally:… Continue Reading

Five holiday considerations for California employers

Posted in Best Practices For California Employers, Employee Handbooks, Uncategorized, Wage & Hour Law
Merry Christmas and Happy Holidays!  I have been enjoying the excellent skiing in the Eastern Sierras (California’s snow pack is looking great this year).  So this week’s Friday’s Five article is a bit shorter, but I wanted to address five issues that the holidays create in regards to wage and hour issues in California: 1.    … Continue Reading

Friday’s Five: Five employment law areas to review for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
As we approach the close of 2015, employers should take the time to review their employment law policies and practices.  I’m often asked where should the process start?  Here are five areas employers can focus on to start the audit process: 1.      Employee handbooks Employers need to ensure their policies are up to date, and… Continue Reading

Five things to know about the salary basis test

Posted in Best Practices For California Employers, Class Actions, Exempt Employees, Wage & Hour Law
workers in buildingTo qualify as an exempt employee, an employee must be “primarily engaged in the duties that meet the test of the exemption” and “earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Labor Code section 515.  This forms the two part test the employees must meet… Continue Reading

Five immutable laws of California employment law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Wage & Hour Law
SF Skyline1.     It does not matter if you are a start-up, mom and pop business, or a fortune 500 company, employment laws cannot be ignored.  While different laws do apply to larger employers, for the most part, every employer has to comply with roughly the same laws in California.  California’s paid sick leave requirement that took… Continue Reading
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