Posts Tagged ‘California employees’
CALIFORNIA INCREASES THE MINIMUM HOURLY PAY RATE FOR CERTAIN COMPUTER PROFESSIONALS TO QUALIFY FOR OVERTIME EXEMPTION
California Labor Code section 515.5 exempts certain computer professionals from overtime compensation. The criteria includes set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2013. Employers will now have to pay otherwise qualified computer software employees, a minimum $39.90 per hour, up from $38.89. The new rate […]
WHAT IS A COMMISSION?
Definition is Particularly Important for California Employers, All Commission Wage Agreements Must Be in Writing by 2013 Effective January 1, 2013, California Labor Code 2751 directs that any employment contract that includes commission compensation must be in writing, setting forth “the method by which the commissions shall be computed and paid.” See, Employee Commissions, California […]
BRINKER DECISION AND REST PERIODS
California Employers Get a Break The California Supreme Court has recently clarified this state’s workplace rest period laws. Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (April 12, 2012). California law requires employers to provide their hourly employees with one paid 10-minute rest break for every four hours worked or “major fraction thereof.” The Court confirmed […]
UNPAID INTERNSHIP PROGRAMS
When Employers Need to Pay Wages Hiring students for temporary unpaid internships, while feasible, is laden with potential legal pitfalls for the unwary and uninformed. See, e.g., “The Unpaid Intern, Legal or Not,” The New York Times, April 2, 2010. Employers must pay at least minimum wage to any worker who provides any labor and […]
TOP NEW CALIFORNIA EMPLOYMENT LAWS FOR 2012
Over the past several months, we have been alerting our readers to important California labor laws new in 2012. Here’s a summary: California’s Wage Theft Prevention Act; Employers Must Supply an Additional Detailed Written Notice to Most New Hires: In addition to existing written notification requirements (including rights to equal employment opportunity, minimum wage and […]
SOCIAL MEDIA POLICIES IN THE WORKPLACE
How Far Can Employers Go to Curb Use by Employees? An employer’s ability to legitimately discipline or terminate workers who use Facebook, Twitter and other social media to tee-off on allegedly improper work conditions or practices is likely to remain a hotly contested issue for years to come. The National Labor Relations Board (NLRB) is […]
RELIGIOUS INSTITUTIONS AND EMPLOYMENT DISCRIMINATION
U.S. Supreme Court Rules Ministers May Not Sue The U.S. Supreme Court has issued its first decision on the “ministerial exception” to workplace discrimination laws, Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (January 11, 2012). In a unanimous ruling, the Court found that while certain laws authorize workers to sue their […]
CALIFORNIA’S EXEMPTIONS FOR OVERTIME PAY
California’s workplace overtime rules do not apply to those workers who qualify for exemption under one or more categories, including: ● Executive Exemption: Executive employees are exempt from overtime if paid on a salary (current minimum is $640 per week; $2,773.33 monthly) and if primarily (over 50%) engaged office or non-manual management of at least […]
WORKING OVERTIME IN CALIFORNIA
Basic Rules and Rates for Weekly or Daily Hours California requires employees who are not “exempt” receive overtime pay for time worked beyond forty hours in any one workweek or after eight hours in a workday. A “workweek” is any seven consecutive days, starting with the same calendar day each week beginning at any hour […]