California Employment Law Report

California Employment Law Report

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

Tag Archives: overtime

Five reminders about exempt employees working in the restaurant industry

Posted in Best Practices For California Employers
In a recent decision, Ramirez v. ISB Mehta Corp., a restaurant successfully defended a lawsuit filed by a former manager claiming that he was misclassified as an exempt employee.  While the case is not officially published, it provides a few good lessons for restaurant operators’ classification of their employees.  This Friday’s Five focuses on the… Continue Reading

U.S. Federal Court judge puts DOL overtime rules on hold

Posted in Best Practices For California Employers, Class Actions, Exempt Employees, New Cases, Wage & Hour Law
Employers across the nation have been preparing to increase salary levels for managers to meet the higher salary level requirements implemented by the Department of Labor earlier this year under the Fair Labor Standards Act (FLSA).  The DOL rules were set to take effect on December 1, 2016, and require that employers must pay employees… Continue Reading

DOL overtime rules changes: five checklist items for CA employers reclassifying employees

Posted in Best Practices For California Employers, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
The DOL’s change in the federal overtime rules requiring a higher salary threshold ($47,476 paid annually) for employees to qualify as an exempt employee takes effect December 1, 2016.  This Friday’s Five discusses five final checklist items California employers should consider when reclassifying from exempt employees to nonexempt employees. 1. The DOL rule changes are… Continue Reading

Friday’s Five: End of September employment law wrap-up

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Exempt Employees, New Cases
This Friday’s Five is a bit of everything: news, new California employment laws, and reminders about October 1 deadlines for the City of San Diego:  1. House moves to delay DOL overtime rule implementation. There is a great article by Lisa Jennings from Nation’s Restaurant News summarizing the House’s move to delay the overtime rule… 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

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

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 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 statutes that can shift attorney’s fees to employers

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Resources, Technology & Law, Uncategorized, Wage & Hour Law, Wrongful Termination
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule in employment… Continue Reading

Five legal concepts every California employer needs to understand

Posted in Best Practices For California Employers, California Legislation Update, Uncategorized, Wage & Hour Law
You’ve set up a successful company and begin hiring employees. To be a successful operator in California, a company’s management needs to be familiar with the critical legal concepts in order to successfully navigate California’s complex employment laws. You never wanted to go to law school, but time to hit the, ahem, books (or the… Continue Reading

Areas employers should review as part of their yearly audit – part two

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
In my last post, I wrote about what steps employers should talk to comply with the new employment laws for 2015. This post discusses more generally what employers should audit on a yearly basis. And with the year coming to a close, now is a great time to review these five items: 1. Expense reimbursement… Continue Reading

Friday’s Five: Five areas of liability facing California employers

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Wage & Hour Law
1. Meal and rest breaks. If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 2. Exempt vs. non-exempt classification of employees. The default under California law is that every employee is entitled to overtime pay at a rate of time and a half… Continue Reading

Friday’s Five: Five California Labor Code provisions employees cannot waive

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Wage & Hour Law
Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between… Continue Reading

Complying With California’s Minimum Wage Increase

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Wage & Hour Law
Here is a short video regarding some items California employers should consider about the minimum wage increase taking effect July 1, 2014.  For more information about the minimum wage increase: Five issues California employers should review before the minimum wage increases July 1, 2014… Continue Reading

Friday’s Five: The World Cup and makeup time under California law. Five requirements for use of makeup time.

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Wage & Hour Law
The World Cup is upon us. I have to admit I had yesterday’s opening game between Brazil and Croatia on in the background while I was working. Given that this year’s World Cup is being held in Brazil, there is not much of a difference in time zones for those of us on the west… Continue Reading

Five legally required items often overlooked by California employers

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Technology & Law, Wage & Hour Law
Welcome to Friday’s 5, a series of posts each Friday of lists of five items in various aspect of California employment law. I hope to keep it informative and interesting, and provide a checklist of sorts for California employers to review various practices and policies. Starting off, here is a list of five items not… Continue Reading

California Supreme Court Holds Nonresident Employees Entitled to California Overtime – Sullivan, et. al. v. Oracle Corporation.

Posted in Class Actions, New Cases, Wage & Hour Law
In Sullivan, et. al. v. Oracle Corporation, the California Supreme Court ruled on whether California’s overtime laws apply to out-of-state residents who perform work in California. The Court held that California’s interests in protecting all workers who perform work within the state are sufficient enough to require that California based employers must pay all out-of-state… Continue Reading

Dept of Labor: Mortgage Loan Officers Do Not Meet Administrative Exemption

Posted in Wage & Hour Law
The Department of Labor issued its first “interpretation” letter (a change in policy by the DOL that replaces its opinion letters previously issued) by examining whether or not mortgage loan officers meet the administrative exemption of the Fair Labor Standards Act (FLSA). The DOL concluded that mortgage loan officer do not meet the exemption, and… Continue Reading

Recruiters for temporary staffing company must be paid overtime

Posted in Best Practices For California Employers, Exempt Employees, New Cases, Wage & Hour Law
The case Pellegrino v. Robert Half International, Inc. (RHI) was brought by recruiters alleging that RHI failed to comply with Labor Code provisions pertaining to overtime compensation, commissions, meal periods, itemized wage statements, and unfair competition (under Business and Professions Code section 17200).  As defenses, RHI argued that Plaintiffs’ claims were barred because they all… Continue Reading
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