Wage & Hour Law

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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:

  1. An employee who is discharged must be paid all of

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Here is a short video regarding some items California employers should consider about the minimum wage increase taking effect July 1, 2014.

//www.youtube.com/embed/fvwcOiltDHw

 For more information about the minimum wage increase:

Five issues California employers should review before the minimum wage increases July 1, 2014

1. Arbitration Agreements: What Are They?
Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that…

Today, the California Supreme Court issued a ruling in Iskanian v. CLS Transportation Los Angeles, LLC regarding the enforceability of class action waivers in arbitration agreements. In upholding class action waivers in arbitration agreements, the Supreme Court explained in the introduction of the opinion:

The question is whether a state’s refusal to enforce such a

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The World Cup is upon us. I have to admit I had yesterday’s opening game between Brazil and Croatia on in the background while I was working. Given that this year’s World Cup is being held in Brazil, there is not much of a difference in time zones for those of us on the west…

My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies. 

For more information and to register, please complete the form below:

https://docs.google.com/forms/d/1LU6GudLKMnb4yt4qpvQTagUj9OlxJmaR13JQs79urKI/viewform?embedded=true

Come July 1, 2014, California’s minimum wage will increase from $8 per hour to $9 per hour for all workers. The minimum wage will increase again to $10 per hour on July 1, 2016. Other than starting to work with their payroll provider to ensure that all hours worked as of July 1 will…

Employers often ask me the question of what steps can they take to stop employment litigation. My response usually begins with a warning that there is nothing an employer can do that will prevent a frivolous lawsuit. Employers can only control their actions and decisions, and by thinking about and reviewing a few simple items…

Welcome to Friday’s 5, a series of posts each Friday of lists of five items in various aspect of California employment law. I hope to keep it informative and interesting, and provide a checklist of sorts for California employers to review various practices and policies. Starting off, here is a list of five items not…