California Employment Law

A couple of times each year the Department of Labor issues opinion letters interpreting statutes and regulations under their jurisdiction.   On February 14, 2008, the DOL provided two new opinions regarding interpretations under the Fair Labor Standards Act.  Employers in California are required to comply with the FLSA and California law and courts often use DOL interpretations even when deciding cases under California law.

In FLSA2008-1NA, the DOL was asked whether the minimum salary of $455 per week under the FLSA could be prorated to reflect the part-time status of an employee.  The DOL rejected the idea that the minimum weekly salary could be reduced.  Courts interpreting similar provisions under California law would likely agree with the DOL’s conclusion. California employer should be aware, however, that employees qualifying for California’s Administrative, Professional or Executive exemptions must receive a weekly salary of at least $640 (two times California’s current minimum wage).

In FLSA2008-2NA, an employer asked if it was using an acceptable method of tracking hours worked when employees performed mandatory on-line training while at home.  The employer’s time records showed the type of training taken, the completion date, start and end times and contained a place for the employee’s and manager’s signature.  The DOL pointed out that “No particular method of keeping required records is prescribed, provided that the relevant information [i.e., hours worked each day] is maintained and preserved.

The opinion letter  serves as a good reminder that employers are required to compensate non-exempt employees for time spent in mandatory training, even if the training occurs at home.  Accurate records of hours worked by non-exempt employees must be maintained and preserved.

Original article by Robert E. Nuddleman of Phillip J. Griego & Associates

Feel free to suggest topics for the blog. We are happy to consider questions or comments pertaining to general points of Labor and Employment Law. If you desire legal advice, please contact one of our attorneys directly though the Contact Us page of our website.

Your use of this blog does not create an attorney-client relationship between you and Phillip J. Griego & Associates.  The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and Phillip J. Griego & Associates cannot guarantee the confidentiality of anything posted to this blog.