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
Wage & Hour Law
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.
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,…
Five employment related bills California employers must monitor
With summer upon us, the California legislature is busy working on bills that could impact employers. Here are five employment bills being considered by the state legislature that California employers should keep an eye on:
1. SB 3 – Increase in minimum wage and indexing to inflation
Currently, California minimum wage is set to increase…
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 most targeted industries for government wage and hour audits
Is your company in an industry that is likely to be targeted by the Department of Labor (DOL) for FLSA violations, or by the California Labor Commissioner for California Labor Code violations? A review of the Department of Labor’s Wage and Hour statistics for fiscal year 2014, in connection with California’s Division of Labor Standards…
Los Angeles moves closer to super-minimum wage, but major issues still surround the proposed law
The Los Angeles Times is reporting that a panel of city lawmakers approved a draft of the ordinance that would raise the
minimum wage in Los Angeles to $15 per hour by 2020, moving the ordinance one step closer to passage. There was a backlash this week against the labor unions that were pushing hard…
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…