As we discussed last week, makeup time provides flexibility for California employers and employees to offset time taken off within the same workweek without incurring overtime obligations. Additionally, the California Labor Code permits the use of compensatory time, commonly known as “comp time.” However, the federal Fair Labor Standards Act (FLSA) imposes significant limitations on
As difficult as it is to comply with California’s daily overtime rules, it is easy to forget the one form of flexibility provided to employers — make-up time. This provision allows employers to avoid paying overtime when employees want to take off an equivalent amount of time during the same work week. This Friday’s Five
California is the first state to propose restrictions on an employer’s ability to communicate with employees after work hours. AB 2751, currently making its way through the California legislature, would give employees the “right to disconnect.” While this right has been adopted in other countries, such as France, Spain, and Mexico, no state in
As an employer in the Golden State, it is crucial to have a clear understanding of the protections granted to employees by state law. California is known for its progressive stance on worker rights and its complex set of regulations facing employers. In this article, we will delve into the intricacies of unwaivable employment law
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