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Requiring Use of Accrued PTO for Exempt Employee Absences
Jim posted the following: I work for a large non-profit in Southern California. At our Management Team Meeting a couple of days ago, the Executive Director informed us (exempt staff) that effective...
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California Computer Exemption Modified – Again
On September 30, 2008, Governor Schwarzenegger signed AB 10 which modifies Labor Code Section 515.5 – the statute that exempts computer software field employees from the overtime requirements of...
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Explicit Mutual Wage Agreement Can Set Hourly Rate
The general rule in California is that a non-exempt employee’s salary only compensates the employee for the regular hours worked. This means if you pay an employee a set salary each week the employee...
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Do you know whether you have to pay your employees overtime wages?
Powerhouse auditing firm PricewaterhouseCoopers recently found out the hard way when the 9th Circuit held that unlicensed junior accountants — the young accountants who perform the auditing work—may...
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Follow Up on Current Version of AB 889 – Domestic Workers Bill of Rights
I hope you were able to listen to the discussion this morning on KQED regarding the Domestic Workers Bill of Rights. Unfortunately I was not able to address an area of the law that gives me the...
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Obama Directs DOL to Expand FLSA to Cover In-Home Care Workers
“President Obama announces a new rule that will ensure in-home care workers are included in the same minimum wage and overtime protections afforded to other workers under the Fair Labor Standards Act.”...
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For Whom No Bell Tolls
OK, maybe this case is only interesting to those of us Wage and Hour nerds, but Harris v. Superior Court could be hailed as the final nail in the Bell case trilogy. Although this post may include more...
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Court Clarifies Commission Case
By the end of this year all commission agreements in California must be in writing. When drafting or reviewing your commission agreement it is a good idea to keep in mind several issues; one of which...
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Recent Article Reveals Long Delays at State Labor Commissioner’s Office
A recent article from the Los Angeles Daily Journal (Vol. 125 No. 057, March 23, 2012) reports “Wage claims get uneven treatment, records show.” According to the article, data obtained through a...
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Recent Article in ACBA L&E Section Newsletter: Department of Labor Proposes...
If you missed some of my prior posts talking about proposed modifications to the FLSA regulations regarding “companions,” I wrote an article for the Alameda County Bar Association’s Labor &...
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Brown Vetoes Domestic Workers Bill of Rights (AB 889)
On September 30, 2012, Governor Brown vetoed the Domestic Workers Bill of Rights (AB 889). The governor’s veto message indicates, among other things, the bill raised too many unanswered questions...
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Are You Ready for the San Jose Minimum Wage Ordinance?
The San Jose Minimum Wage Ordinance goes into effect on March 11, 2013. Passed by voters during the last election, the new ordinance requires employers doing business in San Jose to pay a minimum of...
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Do I Have to Pay Employees When They are Sleeping?
UPDATE: The California Supreme Court granted review of Mendiola v. CPS Security Solutions, Inc. in the fall of 2013. Until the Supreme Court issues its decision, employers may not be able to rely on...
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