Even though employers allow employees to watch TV, surf the Internet, or even sleep, depending on the circumstances such on-call time, even if the employee is not doing any work, still may be required to be paid by the employer. It has been clear since the 1940’s that employers have the obligation to pay employees
The Department of Labor’s proposed salary increase for exempt employees
In July 2015, the Department of Labor proposed regulations that would increase the salary amount employers would need to pay for employees to qualify as exempt. If adopted, the proposal would require that employees would have to earn at least $50,440 per year in order to qualify for most exemptions in 2016. This episode
Friday’s Five: Five Terms To Include In Job Offer Letters
Hiring new employees? For the next job o
ffer, instead of relying on the old job offer letter you have a lawyer review in the 1990’s, it is recommended to review the offer letter to ensure it is up to date with current law. While some of the items discussed below are not necessarily new
Five items that should be on every employer’s end of employment checklists
Many employers have new hire packets and hiring procedures, but just as important, and often overlooked by employers, is to have a process for departing employees. It is important to ensure an employee departing the company provides all items back to the company and is provided any legally required documentation, and is a good opportunity
California’s paid sick leave law amended – what employers need to know
For additional information about the changes for California’s paid sick leave signed into law on July 13, 2015, click here.
Governor signs bill to amend California’s paid sick leave law 13 days after employees begin accruing paid sick leave.
Are you tired of employm
ent lawyers’ obnoxious headlines asking if you are sick over California’s paid sick leave law yet? I’ll spare you the play on words and get to some of the major amendments to California’s paid sick leave law, which took effect immediately upon the Governor’s signature of AB 304 on July
Five wage deductions California employers cannot make
1) Gratuities
All tips are the emp
loyee’s property, and cannot be taken by the employer. Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states
Presentation: General rules to comply with California’s paid sick leave law
I’ll be posting some short clips of a recent presentation I conducted on complying with California’s paid sick leave law. In this first video, I discuss some general rules California employers need to consider to comply with the July 1, 2015 deadline to offer paid sick leave to employees. Topics include:
- how to calculate pay
Friday’s Five: on-call time under California law
Businesses that have employees on standby waiting to be called for work must review whether this on-call time needs to be paid time. It is a v
ery fact intensive inquiry, that employers must ensure they get correct. Any mistake in not paying employees for compensable on-call time can result in potential exposure for overtime,
Labor Commissioner’s ruling against Uber widely misunderstood by media
Earlier this week Uber appealed a California Labor Commissioner ruling against it holding that a driver was misclassified as an independent contractor. In this video, I briefly discuss the ruling and the lesson it holds for employers.
Misclassification of employees as independent contractors can carry many damages and penalties. For example, Sections 226.8 and