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 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

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
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