To 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
1. 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
The EEOC recently disclosed its fiscal year 2015 performance report. The report is a good reminder to employers of the issues that they may likely face EEOC scrutiny. Here are five key statistics employers should pay attention to:
1. EEOC obtained more than $525 million in discrimination suits.
Of this amount, the parties settled disputes
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
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
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
Jillian Sanzone worked for Three D, LLD, d/b/a Triple Play Sports Bar and Grille, as a waitress and bartender and Vincent Spinella worked as a cook. The employees realized that they owed more money in State income taxes than expected and complained to the employer. Sanzone, Spinella, and another former employee, Jamie LaFrance, began posting
The 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
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
Today, 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