Posts Tagged ‘California employees’
WAKE-UP CALL ON INSIDE SALESPERSONS
California Supreme Court Narrows Eligibility for the Commissioned Salesperson Exemption California employers may qualify commissioned inside salespersons as exempt from overtime if they earn at least 1.5 times the state minimum wage for each hour worked with more than fifty percent of that total from commissions. Some employers have considered an employee eligible if he or […]
WILL CALIFORNIA EMPLOYERS HAVE TO COUGH UP PAID SICK LEAVE?
Constructive Remedy or a Job-Killer? The California Assembly passed earlier this year the “Healthy Workplaces, Healthy Families Act of 2014” (Assembly Bill [AB] 1522), sending it over to the Senate for consideration. If passed into law, the measure would mandate all employers to provide at least three paid sick days per calendar year to all […]
THE DEVIL IS IN THE DETAILS: EMPLOYMENT CLASS ACTION SUITS CAN HINGE ON A COURT’S CHOICE OF DEFINITIONS
U.S. Supreme Court Turns to History and Webster’s Dictionary to Defeat a Class Action Against U.S. Steel A minimal underpayment of wages to a single worker can morph into a claim potentially worth millions if magnified across a “class” of many workers subject to the same alleged employment practices. Targeting larger employers, such “class action” […]
INDEPENDENT OR EMPLOYED?
Classifying Workers Correctly is a Case-by-Case Challenge There are economic risks for an employer who misclassifies a worker who should be employed as an independent contractor. A wide range of California and federal agencies have the power to impose back taxes, interest and penalties upon companies who unsuccessfully attempt the tactic. California placed greater deterrents […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2014: MILITARY AND VETERAN STATUS
Protected Against Workplace Discrimination, Harassment Beginning on January 1, 2014, California’s Fair Employment and Housing Act (FEHA) will protect an individual’s “military and veteran status” against employment discrimination and harassment. This new FEHA provision defines military and veteran status as “a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, […]
U.S. GOVERNMENT SHUTDOWN AFFECTS KEY EMPLOYMENT-RELATED AGENCIES
With political finger-pointing at a fever pitch, the federal government effected a partial operational shutdown on October 1, 2013. The closures continue into a second week with no end in sight. Several employment related agencies are affected. The Department of Homeland Security (DHS) provides a free, web-based system (E-Verify) that permits employers to check a […]
CALIFORNIA MINIMUM WAGE INCREASING
From $8.00 to $9.00/hour, July 2014 To $10.00/hour, January 2016 California’s $8.00/hour minimum wage will continue its pace as one of the highest in the nation; rising to $9.00/hour on July 1, 2014, and to $10.00/hour on January 1, 2016. In approving the recent legislation, Governor Brown stated, “This legislation is overdue and will help […]
ON-THE-JOB SHOPPING
California Employers Must Pay Wages and Mileage for “Off-Hours” Work-Related Tasks In response to our article “Travel Pay in California,” a California employer has asked how he should pay his employees for time spent and for their personal vehicle mileage incurred while shopping for company supplies. Compensation for All Hours Worked: Of course, an employer […]
EQUAL OPPORTUNITY REPORT DUE
Applies to Companies with 100 or More Employees All employers with 100 or more employees must profile the gender, race and job category of their workers by September 30th on the EEO-1 Report, addressed to the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). The requirement stems from […]
EMPLOYMENT LIABILITY FOR WORKPLACE HARASSMENT
U.S. Supreme Court Decision Slims Down Super-Sized Supervisor Definition Under federal and California law, employer liability for workplace harassment can depend entirely on the legal definition of a “supervisor.” The U.S. Supreme Court has recently clarified that definition under Title VII of the Civil Rights Act of 1964 in Vance v. Ball State University (June […]