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 […]
For Heaven’s Sake: Document, Document, Document! Lawyers are in sales, they are not in management. They don’t sell widgets to consumers of course. Rather, competing attorneys each “sell” his/her client’s construction of events and actions to juries and judges, with the most plausible version of such occurrences the winner. This firm defends employers daily on […]
State Supreme Court Issues an Employer-Favorable Decision in a “Mixed Motive” Case In February, 2013, the California Supreme Court decided that even where illegal discrimination (e.g., racial, gender, age, religion) was one of a number of motivating factors in terminating a worker, the employer will not be liable for damages if it can show the […]
Employers with 50 or More Workers Beginning March 8, 2013, employers with 50 or more employees and subject to the federal Family and Medical Leave Act (FMLA) must display a new poster. The change is prompted by new U.S. Department of Labor (DOL) regulations. This new “Employee Rights and Responsibilities Under the Family and Medical […]
The California Legislature has made an important change, effective January 1, 2013, eliminating some of the ability of businesses to negotiate wage arrangements with hourly workers. In February, 2011, we summarized the Court of Appeal decision in Arechiga v. Dolores 192 California Appellate Reports, 4th Series (Cal.App.4th) 567 (2011). See, “Written Salary Agreements and Overtime.” […]
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 […]
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 […]
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 […]
Clearly Written Agreements are the “Ounce” of Prevention Commissions payable to former employees present a special set of issues for California business. The importance of actions to prevent disputes increases over 2012 as the state will require all employee commission agreements to be in writing by December 31. See, “Employee Commissions” California requires that all […]