RESIDENTIAL CARE FACILITY NOT FEELING THE LOVE 708,521 Reasons to Pay Workers Legally Not having worker’s compensation insurance for five years was bad enough, but when the Labor Commissioner’s Office started investigating a workers’ compensation complaint against 53-bed Amore Retirement Living, it also discovered failure to pay minimum wage, overtime, and other wage and hour […]
General Contractor and Property Owners Left Holding Bag Labor Code section 218.7, effective January 1, 2018, made general “direct” contractors (those delivering to property owners directly) responsible for wage payments to employees of subcontractors who fail to make those payments. However, direct contractors may be able to prevent such exposure through well-constructed written agreements with […]
Effective July 1, 2019 California minimum wage currently is $12.00 per hour for employers with 26 or more employees and $11.00 for employers that employ 25 or fewer. Annual increases will continue each January 1 until they reach $15.00 per hour in 2022 for larger employers and in 2023 for employers with 25 or fewer employees. […]
Labor Commissioner Broadens Application of Dynamex Decision In Dynamex Operations West, Inc. v. Superior Court (2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”: The worker is free from the hirer’s control and direction in connection with the performance of the work, both under the contract in fact; The worker performs […]
Employers Must Heed Pay Stub Technicalities California employers must accurately list specific wage-related information on each worker’s pay stub per pay period, including but not limited to the company’s name and address, total hours worked, wage rate(s), gross and net wages earned, all deductions, and inclusive dates of the pay period. Seemingly, the easiest requirement […]
Playa Vista Car Wash Takes a Dunking for $2.36 Million “Wage Theft” On April 17, 2019, the Labor Commissioner’s Office announced a $2.36 million citation — the largest issued against a car wash business to date — against Playa Vista Car Wash along with its president and general manager for failing to properly pay or provide required […]
KNOCK, KNOCK When It’s Your Turn For a Government Payroll Audit For California, the Employment Development Department (EDD) is responsible for the administration of unemployment and disability insurance, workforce training services and payroll audits. The agency has the power to impose significant, potentially fatal penalties for non-compliance. An EDD visit to look over pay practices […]
Higher Required Salaries for Managers Nationwide? In 2016, the U.S. Department of Labor (DOL) issued a Final Rule raising the minimum salary amounts to qualify for executives, administrative, professional, outside sales and computer employees overtime exemption under the Fair Labor Standards Act (FLSA). It would have more than doubled the amount that employers had to […]
California Employers Must Pay Wages for Required Call-In to Confirm Day’s Work Schedule Employers who require workers to call in to ascertain whether they are needed for a scheduled work shift will now need to rethink this practice. California Industrial Welfare Commission (IWC) publishes “wage orders” containing regulations on wages, breaks, record-keeping and other working […]
Don’t Forget to Post Your New California Wage Orders California employers must comply with one or more of the 18 California Industrial Welfare Commission’s (IWC) published “wage orders” applicable to their industry or profession. For example, Wage Order 1 applies to the manufacturing industry; Wage Order 4 to professional, technical, clerical, mechanical and similar occupations; […]