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
Exempt 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
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…
Five statutes that can shift attorney’s fees to employers
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…
Five exempt employee classifications all California employers should understand
I apologize for the long post in advance, but I’ve been receiving many questions about exempt vs. non-exempt classification of employees lately. This article is the first in a series of articles to help employers tread through this technical area, hopefully in a manner that makes it at least somewhat easier for employers to understand.…
Five New Year’s resolutions for California employers in 2015
Happy New Year. I started the Friday’s Five articles at the beginning of last summer, and
the interest in the articles has been astounding, so I appreciate everyone who has read them and provided comments and feedback. If you have any topics you would like me to address, please let me know. With that…
Friday’s Five: Five areas of liability facing California employers
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…
Friday’s Five: Five California Labor Code provisions employees cannot waive
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…
Complying With California’s Minimum Wage Increase
Here is a short video regarding some items California employers should consider about the minimum wage increase taking effect July 1, 2014.
//www.youtube.com/embed/fvwcOiltDHw
For more information about the minimum wage increase:
Five issues California employers should review before the minimum wage increases July 1, 2014
