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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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

Friday’s Five: Five Employment Law Considerations For 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015.  As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016.  I will also discuss new case… Continue Reading

Friday’s Five? The eleven factor test to determine if training time is compensable under California law

Posted in Best Practices For California Employers, Employee Handbooks, Expense Reimbursement, Meal and Rest Breaks, Wage & Hour Law
Employers that utilize interns, or who provide training to individuals that may lead to employment run the risk of having these individuals qualify as an employee, which would require the employer to comply with Labor Code requirements such as minimum wage, meal and rest breaks, and overtime pay.  The analysis is very difficult, and fact… Continue Reading

Friday’s Five: Five new California employment laws taking effect on January 1, 2016

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
I can hear the questions already, just five new laws taking effect on January 1, 2016?  No, there are many more, as I have previously written about, but here are five additional new laws employers need to understand going into 2016. 1.     Family members of whistleblower are granted protections and some employers are excluded from… Continue Reading

FedEx $228 million class action settlement preliminarily approved on third try

Posted in Best Practices For California Employers, Class Actions, Expense Reimbursement, Wage & Hour Law
fedex groundThe recent settlement creating a $228 million fund by Federal Express in a multistate class action brought in 2005 alleging that drivers were misclassified as independent contractors.  However, the parties are encountering some reluctance from the court in obtaining court approval of the settled.  This case is a good example that entering into a settlement… Continue Reading

Friday’s Five: California employers get some PAGA relief

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Wage & Hour Law
California passed a new law in October 2015 that provides employers some potential protection against penalties imposed by the Private Attorney General Act of 2004 (PAGA). Employers need to understand the intricacies of PAGA, and the importance of seeking legal counsel immediately upon receiving a copy of the letter a plaintiff must send to the… Continue Reading

California enacts new equal pay protections for 2016

Posted in Best Practices For California Employers, California Legislation Update, Wage & Hour Law
Equal pay actToday, October 6, 2015, Governor Brown signed into the law Senate Bill 358, directed at ensuring equal pay across genders.  While it was illegal to pay employees different wages based upon their gender or race already under California law, the new law expands the protection to workers who do “substantially similar” work.  The bill amends… Continue Reading

Uber class action certified, five takeaways for California employers

Posted in Best Practices For California Employers, Class Actions, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
This week, a federal court in northern California certified portions of a class action brought by Uber drivers who worked in California since 2009 (click here for the decision [PDF]).  Over 160,000 drivers have worked for Uber in California during this time period, and while the case is making a lot of news, what are… Continue Reading

Friday’s Five: Five recent employment law developments employers should heed

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, New Cases, Wage & Hour Law
This Friday’s Five covers five employment law developments that occurred in August 2015 that will have an impact for employers in California. 1)     NLRB ruling widens which companies may be considered “joint employers” In a 3-2 decision, the NLRB ruled that Browning-Ferris Industries of California, Inc. was a joint employer with a staffing agency, Leadpoint… Continue Reading

Friday’s Five: Credit checks for applicants or employees

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Wage & Hour Law, Wrongful Termination
This Friday’s Five discusses five issues California employers should remember about whether they may require credit checks from applicants or employees.  And if employers can obtain the information, what additional considerations they should take into account when using this information for employment decisions and privacy concerns. 1.      Credit checks are different than background checks. Since… Continue Reading

Friday’s Five: Issues That Should Be On Every Employer’s Radar

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
Speaking with some clients, I sense their overwhelming confusion in setting up employment policies in California. While it can be a daunting task, I remind them that the key is to approach it in a systematic process, and once the system is in place, compliance can be very easy. While there are many issues employers… Continue Reading

Friday’s Five: When employers may be required to pay employees to “do nothing”

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Even though employers allow employees to watch TV, surf the Internet, or even sleep, depending on the circumstances such on-call time, even if the employee is not doing any work, still may be required to be paid by the employer.  It has been clear since the 1940’s that employers have the obligation to pay employees… Continue Reading

The Department of Labor’s proposed salary increase for exempt employees

Posted in Best Practices For California Employers, Class Actions, Exempt Employees, Wage & Hour Law
In July 2015, the Department of Labor proposed regulations that would increase the salary amount employers would need to pay for employees to qualify as exempt.  If adopted, the proposal would require that employees would have to earn at least $50,440 per year in order to qualify for most exemptions in 2016.  This episode discusses… Continue Reading

Five items that should be on every employer’s end of employment checklists

Posted in Best Practices For California Employers, Terminations, Wage & Hour Law, Wrongful Termination
Many employers have new hire packets and hiring procedures, but just as important, and often overlooked by employers, is to have a process for departing employees. It is important to ensure an employee departing the company provides all items back to the company and is provided any legally required documentation, and is a good opportunity… Continue Reading

Five wage deductions California employers cannot make

Posted in Best Practices For California Employers, Wage & Hour Law
1)      Gratuities All tips are the employee’s property, and cannot be taken by the employer.  Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states that… Continue Reading

Presentation: General rules to comply with California’s paid sick leave law

Posted in Best Practices For California Employers, Employee Handbooks, Resources, Wage & Hour Law
I’ll be posting some short clips of a recent presentation I conducted on complying with California’s paid sick leave law.  In this first video, I discuss some general rules California employers need to consider to comply with the July 1, 2015 deadline to offer paid sick leave to employees.  Topics include: how to calculate pay… Continue Reading
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