While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more
10/5/2021
/ Bonuses ,
CA Supreme Court ,
Class Action ,
Employee Commissions ,
Employer Liability Issues ,
Employment Litigation ,
Exclusions ,
Incentive Compensation ,
Labor Law Violations ,
Over-Time ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Salaried Employees ,
Unpaid Wages ,
Wage and Hour
The California Supreme Court ruled yesterday that if an employer fails to provide a legally compliant meal period or rest break, the wage premium they must pay out must be paid at the “regular rate of compensation” – which...more
The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more
The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more
The standards for “suitable seating” cases in California were set by the California Supreme Court’s landmark 2016 decision of Kilby v. CVS Pharmacy, Inc. Ever since this decision was handed down, employers and employee...more
The California appellate courts, and the California Supreme Court, continue to weigh in on significant and compelling wage and hour issues that affect employers each day.
“Hours Worked” Under The Control Test – Going Back...more
Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more
10/8/2019
/ CA Supreme Court ,
Compensation ,
DLSE ,
Employer Liability Issues ,
Labor Code ,
Minimum Wage ,
Over-Time ,
Pending Litigation ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Wage and Hour
Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more
1/4/2019
/ Appeals ,
CA Supreme Court ,
Compensation ,
Employee Commissions ,
Employer Liability Issues ,
Labor Code ,
Minimum Wage ,
Payroll Records ,
Petition for Review ,
Piece-Rate Pay ,
Rate of Pay ,
Rest and Meal Break ,
Wage and Hour ,
Wage Orders
Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour...more
10/4/2018
/ Employee Benefits ,
Employee Commissions ,
Employer Liability Issues ,
Incentive Awards ,
Minimum Wage ,
Over-Time ,
Piece-Rate Pay ,
Public Policy ,
Rate of Pay ,
Rest and Meal Break ,
Sales Commissions ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more
7/12/2017
/ Employee Rights ,
Employer Liability Issues ,
Exempt-Employees ,
Exemptions ,
Fluctuating Workweek ,
Minimum Wage ,
On-Duty Meal Period Waivers ,
Over-Time ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Waivers ,
Work Schedules
There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more
7/8/2017
/ CA Supreme Court ,
Control Test ,
Employer Liability Issues ,
Employment Policies ,
Off-Duty Employees ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Rest and Meal Break ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more
A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more
A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more
The past several years have been a difficult time for many California employers when it comes to wage and hour compliance. But if enterprising plaintiffs’ attorneys have their way, times will get even worse in the coming...more
California employers continue to struggle with how to comply with their obligation to provide meal and rest periods to their non-exempt employees. Although the California Supreme Court’s groundbreaking Brinker decision from...more
Although meal periods have occupied central stage in class action litigation over the past decade in California, rest-period litigation will soon join the “break wars.” A new law that just took effect on January 1, 2016...more
As the new year begins, California employers, already weary from added wage and hour laws and regulations enacted over the past several years, have yet more to comply with. Here are the highlights....more
Boss: Time for your lunch break.
Employee: Naw, I’ll just finish up what I’m working on and take my break later.
Boss: That’s fine with me, but you are free to go now.
Employee: Gotcha! Now you owe...more