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 [...]
Archive for the ‘Wage & Hour’ Category
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 »
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? [...]
3 Interesting Overtime Results
Posted in Litigation, Verdicts, Wage & Hour, tagged California, employer employee relationship, Employment Law, Employment Lawyer, Labor Code 513, meal break, minimum wage, overtime, San Jose, wage and hour on February 15, 2011 | Leave a Comment »
$4,385,000 settlement in class action case against DIRECTV, Inc: Michael Cicero, on behalf of himself and other installers, filed a class action lawsuit against DIRECTV alleging he and other installers were not paid overtime and were not paid for time spent driving to and from installation sites. Cicero alleged installers were paid based on the [...]
Explicit Mutual Wage Agreement Can Set Hourly Rate
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged 515, California, contracts, East Bay, employer employee relationship, employment contract, Employment Law, Employment Lawyer, exempt, exemption, independent contractor, labor code, minimum wage, mutual wage agreement, non-exempt, overtime, salary, Silicon Valley on February 8, 2011 | Leave a Comment »
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 is still entitled to overtime if s/he works more than 8 hours in a day or 40 hours in a week. [...]
Statute of Limitation on Penalty Claims Just Got Extended
Posted in Independent Contractors, Litigation, Policies & Best Practices, Wage & Hour, tagged California, Employment Law, Employment Lawyer, holiday pay, independent contractor, labor code, loss of, overtime, pay, San Jose, Silicon Valley, statute of limitations, wage and hour on November 19, 2010 | Leave a Comment »
Labor Code Sections 201 and 202 require employers to pay employees all wages owed immediately upon termination or within 72 hours of the employee’s resignation. If an employer willfully fails to pay all wages owed as provided in Labor Code Sections 201 and 202 are subject to penalties under Labor Code Section 203. These “waiting [...]
Prevailing Employer in Meal/Rest Break Suit Entitled to Attorneys’ Fees
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged California, meal break, minimum wage, no breaks, rest break, restuarants, unpaid overtime on July 28, 2010 | 1 Comment »
11/17/2010 Update: The California Supreme Court granted review of Kirby v. Immoos Fire Protection. We will have to wait for the Supreme Court’s decision to determine if I was correct. In 2000, the California legislature added some teeth to California’s meal and rest break laws. Prior to 2000 employers were required to give employees meal [...]
More Overtime Pay and Breaks for Farmworkers
Posted in Hiring, Litigation, New Laws, Wage & Hour, tagged comp time, Employment Law, Employment Lawyer, independent contractor, labor code, meal break, overtime, wage and hour on June 24, 2010 | Leave a Comment »
California’s Labor and Employment committee passed SB1121 in a 4 to 1 vote yesterday. This bill, introduced by Senator Dean Florez, would amend Labor Code Section 554 relating to overtime payments as it applies to farmworkers
Some Quick Answers Regarding Sick Leave, PTO & Vacation
Posted in Disability Discrimination and Failure to Accommodate, Medical Leaves of Absence, Policies & Best Practices, Sick Leave, Wage & Hour on April 13, 2010 | Leave a Comment »
A lot of people are still asking about PTO, Sick Leave and Vacation benefits. Instead of responding to each one individually, I thought I’d do a quick recap. Most employers are not required to provide PTO, Sick Leave or Vacation benefits for employees. There are some exceptions, such as companies with employees in San Francisco. [...]
2009 IRS Mileage Reimbursement Rate: 55 Cents
Posted in New Laws, Policies & Best Practices, Wage & Hour, tagged 2802, expense, indemnification, indemnify, IRS rate, labor code, mileage on December 4, 2008 | Leave a Comment »
Effective Jan. 1, 2009, the standard mileage reimbursement rates for car be reduced from the current 58.5 cents to 55 cents per mile for business miles driven.
