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 video excerpts from my recent presentation

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Resources, Seminar, Wage & Hour Law
Welcome to Friday’s Five!  Here are five video excepts from a presentation I conducted in September 2016 to a group of restaurateurs: exempt employee overview the DOL’s increase in the salary basis test and what it means for employers California’s minimum wage – state and local considerations   Please let me know if you have… Continue Reading

Ninth Circuit invalidates arbitration agreement with class action waiver – five points California employers should understand

Posted in Best Practices For California Employers, Class Actions, New Cases, Wage & Hour Law
Recently, the Ninth Circuit Court of Appeals issued an opinion in Morris v. Ernst & Young holding that class action waiver in an arbitration agreement were unenforceable because the class action waiver was contrary to the rights provided to employees under the National Labor Relations Act.  The ruling is contrary to the holdings in the… Continue Reading

Five free resources of mine you are not using

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, Employee Handbooks, Resources, Seminar, Wage & Hour Law, Wrongful Termination
I bet your lawyer has never uttered those words to you (unless, of course, I am your lawyer).  For today’s Friday’s Five, I wanted to remind readers about five free resources I offer.  That’s right – they are absolutely free.  Happy Friday. 1.  Download the termination checklist I’m a big proponent of checklists.  Even if… Continue Reading

California Supreme Court agrees to review Starbucks’ de minimis defense

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Coffee cupDouglas Troester filed suit alleging that Starbucks violated the California Labor Code by failing to pay him for short periods of time he spent closing the store.  He alleged that Starbucks failed to pay him for time spent walking out of the store after activating the security alarm, for the time he spent turning the… Continue Reading

Seminar: Top employment law issues facing California restaurants

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law
I wanted to share an opportunity for readers to attend my seminar conducted by the Restaurant Advisory Group on September 13, 2016.  The topics I’ll cover include the top five pitfalls facing California employers and how to comply with the new minimum wage increases taking effect at the local levels throughout Southern California.  The cost… Continue Reading

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 seem 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
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