Richard M. Noack

Richard M. Noack

Hopkins & Carley

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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 - 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

California's New Paid Sick Leave Law — Are You Ready?

We previously reported on the paid sick leave law that California passed last year. While no employer is required to provide paid sick leave to an employee until July 1, 2015 when the benefit portion of the new law becomes...more

2/10/2015 - Employer Mandates New Legislation Paid Leave Sick Leave

Mendiola Decision Highlights a Key Issue - The Calculation of "Hours Worked"

The continuing stream of lawsuits challenging employers’ payroll practices is well-documented. A large portion of wage and hour lawsuits seek to recover overtime compensation that should have been paid to employees who were...more

1/26/2015 - Employee Definition Employer Liability Issues Exempt-Employees Misclassification Rest and Meal Break Security Guards Unpaid Overtime Wage and Hour

A Review Of Recent Developments Of Interest To Employers

In This Review: - 2015 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Developments...more

1/12/2015 - Arbitration Class Action Discrimination Employer Liability Issues Employer Mandates Harassment NLRB Retaliation Severance Agreements Wage and Hour

New Laws and Court Decisions Should Prompt Review of Employee Handbooks for Most Employers

Handbooks in light of several recent legislative actions and judicial decisions. Employers should generally review and update Employee Handbooks as necessary on a yearly basis, but numerous changes will be necessary for most...more

12/12/2014 - Anti-Harassment Policies Bring Your Own Device Employee Handbooks New Legislation NLRB Paid Leave Sick Leave Social Media Policy

Considering a Wellness Program for Employees? Make Sure You Do Not Violate the ADA or Other Laws in the Process

Rising health insurance costs have bedeviled employers for years. Wellness programs represent one tool designed to increase employee health and reduce health insurance costs. The Affordable Care Act’s (“ACA”) so called...more

10/27/2014 - ADA Affordable Care Act EEOC Employee Benefits Employer Liability Issues GINA HIPAA Wellness Programs

New Law Makes Employers Liable for Labor Code and Other Violations of Staffing Companies

At some time during the business cycle, many companies utilize staffing or labor contracting agencies to obtain workers to perform certain tasks. In such situations, the staffing or contracting agency typically serves as the...more

10/10/2014 - Employee Rights Employer Liability Issues Independent Contractors Wage and Hour Wages

California Employers Must Now Include Training against "Abusive Conduct" in AB 1825 Sexual Harassment Training for Supervisors

Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more

9/24/2014 - Anti-Abuse Rule Anti-Harassment Policies Employer Liability Issues Employment Policies FEHA New Legislation Sexual Harassment Training

Franchisor Not Liable for Sexual Harassment of Franchisee's Employee under FEHA

In Patterson v. Domino's Pizza, LLC, the California Supreme Court took on the issue of whether a franchisor is an "employer" of its franchisee's employees under the Fair Employment and Housing Act ("FEHA") and therefore...more

9/12/2014 - Dominos Employer Liability Issues FEHA Franchises Franchisors Joint Employers Right to Control Sexual Harassment

California Legislature Passes Bill for Paid Sick Leave, and Bill Expanding Potential Penalties for Minimum Wage Violations

On August 30, 2014, California became the first state in the nation to pass a law requiring all employers to provide paid sick leave to most employees. Assembly Bill 1522, which will become fully effective on July 1, 2015,...more

9/5/2014 - Employee Rights Minimum Wage Paid Leave Sick Leave

Employers May Be Obligated to Reimburse Employees for Their Use of Personal Cell Phones While Carrying Out Job Duties

This week the California Court of Appeal in Cochran v. Schwan’s Home Service, Inc. ruled that an employer must always reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone. Most...more

8/15/2014 - Cell Phones Employee Rights Reimbursements

Employers May Deduct from Vacation Pay for Exempt Employee's Partial Day Absences of Less than Four Hours

An employee’s exempt status under both federal and California law is dependent on the employee’s duties falling within one of the exemptions (administrative, professional, executive) and the employee being paid on a “salary...more

8/8/2014 - Appeals DLSE Employer Liability Issues Employment Policies Exempt-Employees Vacation Leave Vacation Pay

Peabody Decision Tightens Requirements for Commission Payments and Exempt Status

State and federal law create an exemption from overtime compensation for employees engaged in sales who satisfy specific criteria. Although the requirements under each set of laws are not identical, each generally provides...more

7/24/2014 - Employer Liability Issues Exempt-Employees Exemptions Minimum Wage Over-Time Sales Commissions Time Warner Wage and Hour

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