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
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
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,
This Friday’s Five covers five employment law developments that occurred in August 2015 that will have an impact for employers in California.
1) NLRB ruling widens which companies may be considered “joint employers”
In a 3-2 decision, the NLRB ruled that Browning-Ferris Industries of California, Inc. was a joint employer with a staffing agency, Leadpoint
Speaking with some clients, I sense their overwhelming confusion in setting up employment policies in California. While it can be a daunting task, I remind them that the key is to approach it in a systematic process, and once the system is in place, compliance can be very easy. While there are many issues employers
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