An issue that constantly plagues the service industry is what to do about tips and the challenges that come with mandated tip pooling and mandatory service charges. We still routinely counsel restaurant clients on the intricacies regarding tips, mandatory tip pools, and service charges. This simple concept, which should be relatively easy, becomes complex under
Wage & Hour Law
California Minimum Wage Soars to $16 per hour in 2024
California’s Department of Finance provided a letter to Governor Newsom as required under Labor Code section 1182.12 to reflect the adjustment in the state minimum wage each year. The Department announced that California’s minimum wage will increase by 3.5% to $16.00 per hour for all employers as of January 1, 2024. This Friday’s five reviews how…
U.S. Supreme Court Rules Employee Earning $200,000 a Year is Non-Exempt
California law starts from a presumption that all employees are non-exempt employees, meaning that they are not exempt from the Labor Code requirements, such as overtime pay, meal and rest breaks, and minimum wage. Exempt employees are designated as such because they are “exempt” from certain wage and hour requirements due to their duties and…
Minimum Wage Increases in 2023: Audit Checklist for California Employers
California’s minimum wage will be increasing on January 1, 2023 to $15.50 per hour. This Friday’s five reviews how the increase impacts California’s employers and addresses considerations for how employers deal with the patchwork of local jurisdictions that have their own minimum wage requirements:
1. White Collar Exemptions – Salary Requirement Tied to State Minimum…
California’s Minimum Wage Increasing to $15.50 on January 1, 2023
California’s minimum wage not only impacts minimum wage workers, but it also effects the salary required for employees to qualify as…
U.S. Supreme Court Issues Monumental PAGA Decision For California Employers
Today, June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, holding that the FAA preempts California’s prohibition on the employer’s ability to contract with employees to bring only their individual claims in arbitration and not a representative Private Attorneys General Act (PAGA) claim. This is a…
Can Employers Require Employees to Remain On Company Premises During Rest Breaks?
By Veenita Raj and Anthony Zaller
It is a common argument by plaintiff’s counsel in wage and hour class actions: The employer’s policy that requires the employee to remain on the company premises during 10-minute rest breaks facially violates California law. Therefore, because the employer has a facially invalid rest break policy, it is a…
Essential Elements of Electronic Timekeeping Systems For California Employers
I’ve been working with several clients recently in reviewing various timekeeping and payroll systems and am amazed about the limited capability for some of the software being offered to employers. With employees’ access to computers, point of sale systems, tablets and other technology, timekeeping should be a seamless function within a company in 2021, but…
California Supreme Court: Meal and Rest Break Premium is NOT Just Base Hourly Wage
The Labor Code requires that an employer who “fails to provide a meal or rest or recovery period . . . shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.” What does “regular rate…
California Supreme Court Provides Guidance on Meal Breaks: Donohue v. AMN Services
The California supreme court provided further guidance on employer obligations to provide meal breaks as required under the Labor Code and applicable Wage Orders. In Donohue v. AMN Services LLC, the California supreme court held that employers may not use time rounding policies in context of meal periods, and time records for meal periods…