It is critical for California employers to properly calculate the regular rate of pay for an employee in order to pay the appropriate overtime pay and for premium pay for missed meal and rest breaks. Here are five issues employers must be aware of regarding calculating an employee’s regular rate of pay:
1. Employers must
To qualify as an exempt employee, California requires that 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
If an employee is injured and is unable to work overtime (i.e., over 8 hours in a day or 40 hours in a week), can an employer terminate the employee? Potentially. Employers may terminate employees who are unable to work overtime if this is an essential duty of the position. This Friday’s Five reviews when
Makeup time is one of the rare occurrences under California law that employees have flexibility to adjust their work schedule to accommodate for important life events that come up from time to time. Makeup time allows employees to take time off and then make it up later in the same workweek, without triggering the obligation
In a recent decision, Ramirez v. ISB Mehta Corp., a restaurant successfully defended a lawsuit filed by a former manager claiming that he was misclassified as an exempt employee. While the case is not officially published, it provides a few good lessons for restaurant operators’ classification of their employees. This Friday’s Five focuses on
Employers across the nation have been preparing to increase salary levels for managers to meet the higher salary level requirements implemented by the Department of Labor earlier this year under the Fair Labor Standards Act (FLSA). The DOL rules were set to take effect on December 1, 2016, and require that employers must pay employees
The DOL’s change in the federal overtime rules requiring a higher salary threshold ($47,476 paid annually) for employees to qualify as an exempt employee takes effect December 1, 2016. This Friday’s Five discusses five final checklist items California employers should consider when reclassifying from exempt employees to nonexempt employees.
1. The DOL rule changes are
This Friday’s Five is a bit of everything: news, new California employment laws, and reminders about October 1 deadlines for the City of San Diego:
1. House moves to delay DOL overtime rule implementation.
There is a great article by Lisa Jennings from Nation’s Restaurant News summarizing the House’s move to delay the overtime rule
This week’s Friday’s Five covers five misconceptions about California employment law that can land employers in a lot of hot water:
The topic for the uneducated (or out of state) employer does seem trivial. However, with the penalty owed to employees of one hour of pay for each
The DOL’s Final Rule was issued this week (see my previous article for the details), and we have had a few days to digest the new rules. Now employers need to start putting together a plan to ensure compliance with the federal rules, and take time to ensure they are also complying with