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 [...]
Posts Tagged ‘labor code’
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 »
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 [...]
3 Things That Can’t Wait Until Next Year
Posted in Discrimination, Harassment or Retaliation, Policies & Best Practices, New Laws, Hiring, Independent Contractors, Litigation, Announcements, tagged Hiring, California, Silicon Valley, San Jose, East Bay, independent contractor, employer employee relationship, Discrimination, harassment, statute of limitations, Employment Law, Employment Lawyer, wage and hour, labor code on December 28, 2011 | Leave a Comment »
Well, the California legislature is at it again. Governor Brown signed several laws that change how employers do business in California. Most of the new laws are effective January 1st and require immediate action, so don’t put this off! 1. Update Your Handbook You must now add “gender expression” and “genetic information” to the list [...]
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 [...]
New Laws Regarding California Employers and Employees
Posted in Arbitration, Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Litigation, New Laws, Sick Leave, tagged ab 889, California, employer employee relationship, Employment Law, harassment, holiday pay, labor code, Silicon Valley, statute of limitations on September 14, 2011 | 1 Comment »
There are several new laws and amendments currently under consideration by the Governor of California, as well as the legislature. The Recorder reports that three bills, AB 267, AB 325, and AB 559, are currently sitting before the Governor Brown. AB 267 prohibits “choice of law” or “forum selection” clauses in employment contracts if those [...]
Follow Up on Current Version of AB 889 – Domestic Workers Bill of Rights
Posted in Announcements, Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, tagged ab 889, California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exemption, independent contractor, labor code, overtime, San Jose, Silicon Valley, wage and hour on August 12, 2011 | 2 Comments »
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 greatest concern: This bill would unduly broaden the definition of employer, unnecessarily increase who will be considered an [...]
Arbitration Clause in Independent Contractor Agreement Invalid
Posted in Arbitration, Hiring, Independent Contractors, Policies & Best Practices, tagged Arbitration, California, employer employee relationship, Employment Law, Employment Lawyer, independent contractor, labor code, San Jose, Silicon Valley on February 24, 2011 | Leave a Comment »
Employers doing business in California know, or should know, that arbitration agreements are oftentimes thrown out as being “unconscionable.” See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, and its progeny. If the employment arbitration agreement is procedurally and substantively unconscionable the courts will not enforce the agreement. In the typical employer-employee [...]
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 [...]
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
