A reader of the California Employment Law Report asks if it is possible to have employees enter into an agreement that would allow the employer to count a portion of the employees’ tips towards the minimum wage requirement. “Tip credit” is recognized by many states and it allows employers to count a portion of the
Employees Entitled Up To Two Hours Of Premium Pay For Missed Meal and Rest Breaks Per Day – UPS v. Superior Court
California Labor Code section 226.7 provides that employees are entitled to receive premium payment in the form of one additional hour of pay at the employee’s regular rate of pay for a missed meal or rest break. As the appellate court admitted in UPS v. Superior Court, this Labor Code provision is amenable to
When Must Employers Pay For On-Call or Standby Time?
The DLSE takes the view that, on-call or standby time at the work site is considered hours worked for which the employee must be compensated even if the employee does nothing but wait for something to happen. “[A]n employer, if he chooses, may hire a man to do nothing or to do nothing but wait
Governor Vetoes Bill Giving Farmworkers Greater Overtime
Last week, Governor Schwarzenegger vetoed SB1121, a bill that would have given farm 
workers overtime when they work over eight hours in one day or over forty hours in one week. Currently, California farm workers earn overtime for all hours over 10 hours in one day and 60 hours in one week. Federal law, by
Court Affirms Denial Of Class Certification In Security Guard Meal and Rest Break Case
In Faulkinbury v. Boyd & Associates, Inc., Plaintiffs brought a case on behalf of about 4,000 current and former security guards of Boyd & Associates, Inc. Plaintiffs asserted that all guards had to sign an agreement to take on-duty meal periods and that they never took an uninterrupted, off-duty meal break. They also asserted
Proposed Bill Targets Employers’ Classification of Independent Contractors
The US House of Representatives introduced a bill (H.R. 5107), Employee Misclassification Prevention Act, that if passed would amend the FLSA to required employers who employ “non-employees” to keep records of classification of the non-employees. The bill refers to non-employees, which is targeting employers’ classification of independent contractors.
Should the employer fail to maintain
Does the California Labor Code Apply to Summer Interns?
With the summer shortly upon us, employers will no doubt be faced with students looking for internship opportunities. Employers need to be very careful in characterizing students as interns, and not paying them minimum wage and following California’s other numerous Labor Code provisions that protect employees.
In April 2010, the Department of Labor Standards
Dept of Labor: Mortgage Loan Officers Do Not Meet Administrative Exemption
The Department of Labor issued its first “interpretation” letter (a change in policy by the DOL that replaces its opinion letters previously issued) by examining whether or not mortgage loan officers meet the administrative exemption of the Fair Labor Standards Act (FLSA). The DOL concluded that mortgage loan officer do not meet the exemption, and
What Labor Code requirements can employees waive?
It may come as a surprise to many employers that employees cannot waive, or enter into contracts
contrary to many of California’s Labor Code requirements. The rationale for this is pretty basic: if employees could waive the rights given to them under the Labor Code, every employer would simply require the employee to waive the
No Break In Worker Suits
I was quoted in this month’s California Lawyer magazine regarding the steady persistence of wage and hour lawsuits here in California – even during these difficult economic times. The article, No Break In Worker Suits, can be read here.