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) [...]
Posts Tagged ‘Silicon Valley’
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Now Seeing Clients in the East Bay
Posted in Announcements, Litigation, Seminars, tagged Alameda county, California, Discrimination, East Bay, Employment Law, Employment Lawyer, harassment, independent contractor, new office, overtime, San Jose, Silicon Valley, wage and hour on July 18, 2011 | Leave a Comment »
I am pleased to announce that Phillip J. Griego & Associates is now available to meet with clients in the East Bay Area. While we have served Alameda County for some time, we will now have a physical presence in Pleasanton, California. Initially, we will have an attorney available to meet with clients on Fridays, [...]
