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 is whether the commissioned employee is exempt from California’s overtime laws. A recent court decision (Muldrow v. Surrex Solutions) [...]
Archive for the ‘Wage & Hour’ Category
Court Clarifies Commission Case
Posted in Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged attorneys fees, California, california overtime, commission, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, exemption, Labor Code 513, overtime, pay, salesperson, San Jose, Silicon Valley, wage and hour on February 15, 2012 | Leave a Comment »
Look Out Brinker and Brinkley, Here Comes Sharon
Posted in Litigation, Policies & Best Practices, Wage & Hour, tagged Brinker, brinkley, California, East Bay, employment attorney, labor code, meal break, rest break, Silicon Valley, wage and hour on January 17, 2012 | 2 Comments »
As employers and employee advocates eagerly await the California Supreme Court’s decision in Brinkley and Brinker regarding the lengths to which employers must ensure employees are afforded the opportunity to take meal breaks, some companies have decided to go so far as to discipline employees who voluntarily work “off the clock.” I have to admit [...]
For Whom No Bell Tolls
Posted in Litigation, Policies & Best Practices, Verdicts, Wage & Hour, tagged California, East Bay, Employment Law, Employment Lawyer, exempt, exemption, labor code, San Jose, Silicon Valley, statute of limitations, wage and hour on January 3, 2012 | Leave a Comment »
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 information about how sausage is made than you ever wanted to know, the Court’s decision could curtail [...]
Obama Directs DOL to Expand FLSA to Cover In-Home Care Workers
Posted in Hiring, Independent Contractors, New Laws, Policies & Best Practices, Wage & Hour, tagged California, care provider, caregiver, dol, domestic help, East Bay, Employment Law, Employment Lawyer, exempt, exemption, FLSA, in-home care, independent contractor, meal break, minimum wage, nurses, overtime, wage and hour on December 16, 2011 | Leave a Comment »
“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.” Last year the California legislature failed to pass legislation that would have added substantial burdens to families hiring home workers, including personal attendants [...]
New Laws for Employers and Employees in 2012
Posted in Hiring, Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged ab469, California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, minimum wage, overtime, San Jose, statute of limitations, wage and hour on November 28, 2011 | Leave a Comment »
12/29/11 UPDATE The Labor Commissioner has drafted a template employers should use to comply with AB 469. You can download the template here. The California legislature has been busy, and Governor Brown has penned his signature on several new laws impacting businesses and employees in California. AB 469, the Wage Theft Prevention Act of 2011, [...]
Commission Agreements Must Be In Writing
Posted in Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged California, East Bay, employer employee relationship, Employment Law, exempt, independent contractor, labor code, overtime, San Jose, Silicon Valley, South Bay, wage and hour on October 8, 2011 | Leave a Comment »
On October 7, 2011, Governor Brown signed AB 1396 which amends Labor Code Section 2751. Section 2751 currently requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be [...]
IRS Announces Plan to Limit Exposure for Misclassification Claims
Posted in Hiring, Independent Contractors, Litigation, Policies & Best Practices, Wage & Hour, tagged California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, Hiring, I-9, independent contractor, San Jose, Silicon Valley, South Bay on September 28, 2011 | Leave a Comment »
Employers who incorrectly classify employees as independent contractors or non-employees are responsible for paying the taxes that were not previously withheld. The Internal Revenue Service may also seek penalties for the unpaid taxes. The IRS just announced a new program that allows qualifying employers the opportunity to get into compliance by making a minimal payment [...]
Robert Nuddleman to Speak on KQED Radio Regarding AB 889
Posted in Announcements, Hiring, Independent Contractors, New Laws, Seminars, Wage & Hour, tagged ab 889, California, caregiver, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, Hiring, Homecare provider, I-9, independent contractor, meal break, minimum wage, San Jose, Silicon Valley, South Bay, statute of limitations, wage and hour on August 11, 2011 | Leave a Comment »
I just received word that I will be a speaker on The Forum at 9:00 a.m. on Friday, August 12, 2011, regarding AB 889 – The Domestic Worker Bill of Rights. The producers read my blog post and thought I might be able to add to the discussion. If you are involved with the homecare [...]
Sabbatical or Vacation? You Tell Me.
Posted in Litigation, Policies & Best Practices, Sick Leave, Vacation, Wage & Hour, tagged accrued, California, East Bay, employer employee relationship, paid time off, pto, sabbatical, vacation on August 8, 2011 | Leave a Comment »
Most employers have some sort of vacation policy. Under California law, if an employee has unused accrued vacation at the end of his/her employment, the employer must pay out the unused but accrued vacation. Several companies also offer a sabbatical program, which typically offers a longer period of paid time off after a particular length [...]
Do you know whether you have to pay your employees overtime wages?
Posted in Hiring, Independent Contractors, Policies & Best Practices, Verdicts, Wage & Hour, tagged California, comp time, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exemption, independent contractor, minimum wage, overtime, pay, South Bay, wage and hour on July 27, 2011 | Leave a Comment »
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 be classified as non-exempt employees. See Campbell v. PricewaterhouseCoopers, LLP, —F.3d—, 2011 WL 2342740 (9th Cir., June 15, 2011) [www.ca9.uscourts.gov/datastore/opinions/2011/06/15/09-16370.pdf]. What does it mean to be exempt? [...]
