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COMPUTER SOFTWARE PROFESSIONAL OVERTIME EXEMPTION REQUIREMENT

California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation who receive specified minimum compensation. California’s Department of Industrial Relations (DIR) has announced its rate increase for this minimum, effective January 1, 2017. To comply with the section 515.5 exemptions, California employers must pay otherwise qualified computer software employees a minimum hourly […]

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NEW MINIMUM SALARY LEVELS COMING FOR TOP-FLOOR EXECUTIVES

Federal Increase Due December 1, 2016 To Qualify Exempt-from-Overtime Employees Effective December 1, 2016, the Federal Overtime Exemption Rule, “the Final Rule,” will raise the minimum salary amounts for certain workers to qualify for overtime exemption under the Fair Labor Standards Act (FLSA). See New Stricter Federal Requirements on Exemptions from Overtime, Employers Must Comply […]

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OVERTIME-EXEMPT PHYSICIANS AND SURGEONS

Minimum Hourly Rate Increases Are Near California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation as long as they receive set minimum hourly rates of pay. The California Department of Industrial Relations (DIR) is increasing this minimum, effective January 1, 2017. To avoid California’s requirements to pay overtime premium rates after […]

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UNLICENSED HOME CARE ORGANIZATIONS RISK FINES AND CLOSURE BY STATE

California’s Home Care Organization Consumer Protection Act (the Act) required all home care agencies to be licensed before July 1, 2016. See Home Health Care Organizations Last Chance to Continue Operations After June 30, 2016 (June, 2016). If as a home care organization (HCO) you did not obtain a license by June 30, 2016 — […]

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BEREAVEMENT LEAVE

What to Do When There’s a Death in the Family On Monday morning, one of your two salespeople requests three days off to attend his grandmother’s funeral in Minnesota. On Thursday, the other salesperson requests five days off to attend the funeral of a loved one in Hawaii. Are you legally obligated to grant either […]

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BULLETPROOFING LOS ANGELES’ PAID SICK LEAVE ORDINANCE?

City’s Enforcement Guidelines Attempt to Make Sense of the Confusion Beginning July 1, 2016, the City of Los Angeles’ (City’s) Minimum Wage Ordinance (MWO) imposes higher paid employee sick time benefits than the statewide level. For definitions of covered “Employers” and “Employees” and other details, see: City of Los Angeles New Paid Sick Leave Requirements […]

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CHECKING WORKER IMMIGRATION STATUS

Employers Must Use New I-9 Form Starting January 21, 2017 Businesses nationwide will soon have an updated I-9 form to verify a new hire’s eligibility for employment. See: New Changes on Employment Eligibility Verification Form I-9. The new form is in the final review stage. The U.S. Office of Management and Budget approved it in […]

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CALIFORNIA PIECE RATE LAW: NO TIME TO RELAX ON REST-RECOVERY PREMIUM PAY

Employers Must Give Close Attention To the Required Special Pay Calculation California’s New Piece Rate Requirements: For many industries in California, paying employees on a piece rate system has been a long-time win-win for management and workers. Truckers earning by the miles driven, mechanics paid by a percentage of amounts charged to customers, and field […]

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EMPLOYEE MEAL PERIODS AND REST BREAKS

California’s Basic Requirements for Daily R&R Except for salaried, legitimately exempt-from-overtime workers, California employers must provide each employee with certain numbers of unpaid meal periods and paid rest breaks depending on how many hours that employee works in a given day. Unpaid Meal Periods First Meal Period: Generally, employers may not employ a worker for […]

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UNLAWFUL RETALIATION DEFINED

Federal Government Publishes Final Enforcement Guidance on Retaliation Claims Mary, an African-American employee, complained to her co-workers that her pay was lower than that of Caucasian employees doing similar work. Upon overhearing these conversations, Mary’s supervisor reprimanded her for “distracting” her co-workers with discussions about perceived pay discrimination. The supervisor may be surprised to learn […]

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