Many employees request time off instead of pay when they work overtime or are scheduled to work extra days including weekends, and you may be quick to oblige their wishes in an effort to be responsive to their desires. After...more
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
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
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
In an unanimous decision, the California Supreme Court held today that California’s law requiring one day of rest in seven looks only at the employer’s defined workweek when determining the applicable period of time to be...more
In deciding whether California’s overtime laws apply to non-resident employees who spend full days or weeks working in the state, the California Supreme Court has previously held the state’s labor code applies to overtime...more
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
Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....more
The salaried exemptions remain an actively litigated area in employment litigation. In order to be exempt from overtime and related regulations governing timekeeping and meal and rest periods, it’s not enough that an...more