Today’s Friday’s Five provides a few points for employers to consider who have employees that 
receive gratuities. California law is very specific regarding gratuities left for employees, and since tips are property of the employee, employers must approach this area with caution. Here are five “tips” about tips in California.
1. Tips are employee’s property.
Employers can receive requests for employment records of current and former employees though 
different ways. It is important for employers to first carefully review the request to understand what is being requested. It is important to understand who is making the request? Is the request only seeking a personnel file? Is the request only seeking
On September 10, 2014, the Governor signed into law a bill that requires a minimum of three paid sick days per year for employees. The new law applies to all employers, regardless of size. 
Here are five essential points employers must understand to begin the process of meeting their obligations under the new law.
1. How
1. Current and former employees have the right to inspect or copy personnel files. 
Under Labor Code section 1198.5 employees have the right to inspect or receive copies of personnel files and records relating to the employee’s performance or grievance concerning the employee. Employers are legally required to maintain personnel files for at least three
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
Here is a list of some of the required notices employers must provide to new employees in California. Sometimes I have a hard time coming up with five rules or items for the Friday’s Five list, but not this time – I blew through five items (it is California after all):
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The San Diego City Council approved an ordinance that increases the minimum wage required to be paid to workers within the city to $11.50 per hour by 2017. In addition the ordinance calls for the minimum wage to automatically increase every year after 2018 by indexing the minimum wage to inflation. Currently California’s minimum wage is
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
1. Classifying all employees as independent contractors
To qualify as an independent contractor, the employer has the burden of proof to establish that the worker is actually an independent contractor and not an employee. I’ve discussed the parameter of this “economic realities” test here. In addition to owing unpaid minimum wages and potential unpaid
This Friday’s Five is coming out a little late in the day, but as they say, better late…. I’ve been fielding a lot of questions about final wage payment requirements. So here are five rules every employer should know about providing final wages to employees: