Compensation Used to Purchase Forfeited Restricted Stock not Deemed Earned Unpaid Wages A November, 2009 California Supreme Court ruling affirmed that an incentive stock option plan which had not fully vested upon plaintiff employee’s resignation did not constitute earned but unpaid wages and the employer could lawfully require the employee to forfeit the stock and […]
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 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 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 […]
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 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 […]
During these challenging financial times some employers are finding they need to temporarily reduce costs, including employee payroll. Fortunately, the California Department of Labor Standards Enforcement (DLSE) has recently issued an opinion letter allowing employers to reduce exempt employee salaries in exchange for a shortened workweek. This new August 19, 2009 opinion letter flatly contradicts […]
Practical steps employers can take to monitor workplace meal periods.
Overview of California sick leave.
How to address and resolve workplace bullying