Karen Reinhold

Karen Reinhold

Hopkins & Carley

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Avoid Common Mistakes When Creating Commission and Bonus Plans

Commissions and bonuses represent a significant component of the compensation packages of many employees. California Labor Code section 2751 requires commission agreements to be set forth in writing, and requires employers to...more

6/23/2016 - Accrual Requirements Bonuses Contract Terms Employer Liability Issues Employment Contract Labor Code Sales Commissions Wage and Hour Written Agreements

Practical Steps for Employers Following Passage of the Federal Trade Secrets Act

California has long provided protection for a company’s trade secrets through the California version of the Uniform Trade Secrets Act (“UTSA”). On May 12, 2016, new federal protection for trade secrets became effective under...more

6/10/2016 - Confidentiality Agreements Defend Trade Secrets Act (DTSA) Economic Espionage Act Employment Contract Trade Secrets UTSA Whistleblower Protection Policies

As Election Approaches, Beware of Laws Protecting Political Affiliations and Opinions

The 2016 California primaries and general election are fast approaching, and discussion of political issues is certain to intensify in the coming months. While every presidential election prompts the expression of political...more

3/10/2016 - Best Management Practices Labor Code Presidential Elections Public Policy

The Ninth Circuit Upholds a DOL Regulation that Restricts Tip-Pooling

Employers operating in an industry that involves tipping by patrons know that there are a variety of legal and practical issues surrounding tips and how they are handled. In California, Labor Code section 351 declares that a...more

3/3/2016 - DOL Employer Liability Issues Restaurant Industry Tip-Pooling Tipped Employees Wage and Hour

Are your Administrative Exempt Employees Exercising Enough Discretion and Independent Judgment?

As part of our continuing series on wage and hour issues, this Advisory will review the requirements for an employee to qualify for the administrative exemption. Unlike the professional exemption, which lists specific...more

2/18/2016 - Administrative Exemption Minimum Wage Wage and Hour

Hold on to Your Seat - A Decision from the California Supreme Court Coming Soon

Most employers are now familiar with California’s “suitable seat” dilemma. Though state law requires most employers to provide employees with “suitable seats” to perform their work, no one is quite sure how to interpret this...more

1/29/2016 - CA Supreme Court CVS DLSE Employer Liability Issues PAGA Suitable Seats Lawsuits Wage and Hour Working Conditions

Do You Need To Pay Employees For "Off-The-Clock" Work Time?

As part of our continuing Advisory series on wage and hour issues, this week’s Advisory focuses on compensation for work that occurs “off-the-clock.” Employers generally know that they must pay non-exempt employees for all...more

1/14/2016 - Apple Compensation Non-Exempt Employees Off-The-Clock Wage and Hour

2016 Employment Law Update: A Review Of Recent Developments

Each year, we are happy to provide our clients and friends with a summary of the new laws and legal developments from the past year that we believe will have the greatest impact on employers. This year’s update...more

1/12/2016 - Anti-Discrimination Policies Arbitration Agreements CA Supreme Court Class Action Arbitration Waivers DOL EEOC v Abercrombie Fair Pay Act FLSA Independent Contractors Joint Employers Labor Commissioners NLRB PAGA Paid Sick Leave Act Popular Protected Activity SCOTUS Social Media Uber Wage and Hour White-Collar Exemptions

Employee Training: Payment Obligations and Strategies for Employers

Many employees receive training related to their jobs, or to positions to which they might be promoted. Employers sometimes require employees to undergo training and provide the training in-house. In other situations,...more

12/7/2015 - Employee Training Employer Liability Issues Out-of-Pocket Expenses Wage and Hour

Have You Established a Proper Workday and Workweek for Overtime Purposes?

As part of our continuing Advisory series on wage and hour issues, this week’s Advisory focuses on establishing a workday and workweek for overtime calculations. Employers generally know that most non-exempt employees must...more

11/17/2015 - Over-Time Wage and Hour Work Schedules

A Part Time Exempt Employee—Is it Possible?

Several weeks ago we announced that we would be publishing a series of Advisories on important wage-and-hour compliance issues. This week, we will focus on the issue of an employee’s exempt status and whether it is possible...more

10/30/2015 - Exempt-Employees Minimum Salary Part-Time Employees Standard Duties Test Wage and Hour White-Collar Exemptions

California Fair Pay Act Increases Risk of Liability for Gender-Based Differentials in Pay

Last week, Governor Brown signed Senate Bill 358, the California Fair Pay Act, a bill intended to help eliminate inequality between the wages of male and female employees. The new law becomes effective on January 1, 2016. ...more

10/19/2015 - Attorney-Client Privilege Employer Liability Issues Fair Pay Act Gender-Based Pay Discrimination Governor Brown New Legislation Wage and Hour

Another Wage and Hour Trap - The Effect of Bonuses Upon an Employee's Regular Rate of Pay

We often focus on wage and hour issues in our Advisories because the rules are technical and often counter-intuitive, leading many employers to make mistakes. When those mistakes are combined with the provisions in the Labor...more

9/28/2015 - Labor Code Non-Exempt Employees Unpaid Overtime Wage and Hour

The Labor Commissioner Says Three Days of Paid Sick Leave Means 30 Hours for Some Employees

The Labor Commissioner's office has issued yet another interpretation of California's new Paid Sick Leave law applicable to employers who have elected to use the "no accrual and no carry over" system. In response to an...more

9/4/2015 - Earned Sick Time Labor Commissioners Paid Sick Leave Act Sick Leave

Pay Stubs Rules: A Trap for the Unwary in California

Employers are all too familiar with the ongoing wave of wage-and-hour litigation that has plagued companies of all sizes for many years. Some claims arise from alleged failure to comply with new or complex laws, such as those...more

8/14/2015 - Labor Code Labor Law Violations Payroll Records Wage and Hour

That Didn't Take Long: California Amends New Sick Leave Law

Last year, California became the first state in the nation to pass a law requiring employers to provide paid sick leave to most employees. Portions of the new law became effective on January 1, 2015 and the remainder became...more

7/23/2015 - Accrual Method Amended Legislation Best Practices Healthy Workplaces Healthy Families Act 2014 New Legislation Paid Leave PTO Sick Leave

Department of Labor Proposes New Regulations Regarding Federal Overtime Exemptions

On July 1, 2015, the Department of Labor issued proposed regulations concerning the so-called “white collar” exemptions under the Fair Labor Standards Act (FLSA). The proposed regulations have received a great deal of...more

7/14/2015 - DOL Exempt-Employees FLSA Minimum Salary Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

Uber Driver—Independent Contractor or Employee? One Labor Commissioner Hearing Officer's Opinion

A hearing officer for the Labor Commissioner’s local office in San Francisco concluded earlier this month that an Uber driver was an employee of Uber, not an independent contractor. As a result, the hearing officer awarded...more

6/29/2015 - Control Test EDD Employee Definition Independent Contractors IRS Popular Reimbursements Uber

Two Good Reasons to Keep Your Company's Job Descriptions Current and Accurate

Job descriptions often fall to the bottom of the human resource “to do” list. An audit of almost any company’s job descriptions will reveal job descriptions that are outdated, vague and carried forward from the company’s...more

6/1/2015 - ADA Essential Functions Exempt-Employees Hiring & Firing Job Descriptions Misclassification Non-Exempt Employees Reasonable Accommodation Wage and Hour

"Make-Up" Time is Attractive to Employees and Employers, but is Easily Misused Creating Risk for the Employer

We wrote recently about "comp time" as an attractive but risky alternative to overtime for non-exempt employees. "Make-up" time falls into the same risky category. Employees often like to make up missed time instead of...more

4/24/2015 - Employer Liability Issues Employment Policies Non-Exempt Employees Wage and Hour

Lessons for Employers from the Pao Trial

On March 27, 2015, a San Francisco jury returned a verdict in favor of venture capital firm Kleiner Perkins Caulfield & Byers in the highly publicized trial of sex discrimination and retaliation claims asserted by Ellen Pao....more

4/13/2015 - Best Management Practices Corporate Counsel Employer Liability Issues Jury Verdicts Kleiner Perkins Caufield Retaliation Sexual Harassment

Get Ready for the New California Family Rights Act Regulations

Updates to the California Family Rights Act ("CFRA") regulations have been approved and are set to take effect on July 1, 2015. The new CFRA regulations are largely focused on harmonizing an employer’s obligations under CFRA...more

4/3/2015 - California Family Rights Act (CFRA) Employer Mandates FMLA Harmonization Rules

"Comp Time" is Attractive to Many Employers, but Serves as a Trap for the Unwary

Many employers seek to avoid paying overtime compensation by providing compensatory time off, or “comp time,” to non-exempt employees who work more than eight hours in a day or more than 40 hours per week. Although...more

3/19/2015 - Compensatory Time Off Employer Liability Issues Unpaid Overtime

Understanding Expense Reimbursement Rules Is Critical As Claims Are Likely to Rise

Employers commonly reimburse expenses incurred by employees in the course of their employment, but many employers do not fully understand their obligations with respect to the reimbursement of business expenses. In light of...more

3/9/2015 - Cell Phones Employer Liability Issues Out-of-Pocket Expenses Reimbursements

Reasonable Accommodation and the Interactive Process—an Employer Prevails

An employer’s obligation to engage in the interactive process and to provide a reasonable accommodation to a qualified disabled employee as required by the Fair Employment and Housing Act is no simple task. More often than...more

2/23/2015 - Disability Employer Liability Issues FEHA Interactive Process Reasonable Accommodation

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