Archive for November, 2009
THE CALIFORNIA ADMINISTRATIVE EXEMPTION
The California Administrative Exemption Under California labor laws, certain provisions of the Industrial Welfare Commission (IWC) Wage Orders – including California overtime law and meal and rest period premiums – do not apply to persons employed in an exempt administrative capacity. An exempt administrator is primarily engaged (51%-plus) in high level “desk-bound” planning, organizing, and […]
NEW EEOC POSTING REQUIREMENT FOR EMPLOYERS EFFECTIVE NOV. 21, 2009
NEW EEOC POSTING REQUIREMENT FOR EMPLOYERS EFFECTIVE NOVEMBER 21, 2009 The Equal Employment Opportunity Commission (EEOC) has revised its “Equal Employment Opportunity is the Law” poster to address two new federal employment discrimination laws: The Americans with Disabilities Act Amendments Act of 2008 (ADAAA); and The Genetic Information Nondiscrimination Act of 2008 (GINA) Employers covered […]
THE CALIFORNIA EXECUTIVE EXEMPTION
The California Executive Exemption Under California law, provisions of the Industrial Welfare Commission (IWC) Wage Orders – including overtime compensation and meal and rest period premiums – do not apply to persons employed in an executive capacity. This exemption is for executives primarily engaged (51%-plus) in managing at least two personnel below them in the […]
HERBALIFE’S AFTERLIFE BATTLE CALIFORNIA SUPREME COURT AFFIRMS SEVERE OR PERVASIVE REQUIREMENT FOR SEXUAL HARASSMENT CLAIMS
Herbalife’s Afterlife Battle: California Supreme Court affirms severe or pervasive requirement for sexual harassment claims The California Supreme Court, for the second time in the past four years, has affirmed that sexually harassing conduct must be either “severe” or “pervasive” to be actionable sexual harassment. The decision stems from a high profile suit by Suzan […]
IS YOUR COMMISSIONED INSIDE SALES REPRESENTATIVE EXEMPT FROM OVERTIME?
IS YOUR COMMISSIONED INSIDE SALES REPRESENTATIVE EXEMPT FROM OVERTIME? “Commission wages” are compensation based proportionately on the value or amount of the item or service sold. An “inside sales representative” sells merchandise in a store or sales lot or sells products or services via a company telephone. In contrast, “outside sales representative” means any person, […]
THE CALIFORNIA COMPUTER PROFESSIONAL EXEMPTION
The California Computer Professional Exemption Under California law and Wage Orders, a “computer professional” is exempt from overtime compensation if he or she is “highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering.” In addition, he or she must be primarily […]