July 2016
HOT WAGE-HOUR ISSUES: THE SALARY BASIS TEST AND THE “REGULAR RATE” OF PAY
Employers face a host of challenges to properly paying employees, particularly when it comes to overtime. When employees are properly classified as “exempt” from the overtime rules, an employer need not worry about these issues. But, the penalties for misclassification can be significant. Employers who reward non-exempt employees (those entitled to overtime) with additional forms of compensation beyond a base
Cal DIR Will Resume Enforcement on August 1 of the Requirement to Submit Certified Payroll Records Online
The California Department of Industrial Relations (DIR) is advising Public Works contractors and subcontractors that enforcement of the requirement to submit certified payroll records using DIR’s online system will resume on August 1. The requirement to keep certified payroll reports (CPRs) has not changed and the electronic certified payroll reporting system is fully operational. The enhancements to DIR’s online system,
Employee Password Sharing Can Be Criminal Activity!
A divided 9th Circuit Court of Appeals has upheld the criminal conviction of a man who accessed his former employer’s database to gain proprietary information by using a former co-worker’s username and password. The case of US v. Nosal involved a former high-level executive at Korn/Ferry International, an executive search firm. The executive sought information in Korn/Ferry’s database to help
Marijuana Legalization Is In The Hands Of California Voters in November
California voters will decide this November whether recreational marijuana will be legalized in the state after an initiative gathered enough support to be placed on the ballot. Recreational marijuana use is already fully legal in Alaska, Colorado, Oregon and Washington. While some say it will help fix a broken system, there’s a lot of concern about what the repercussions of
Are My California Pay Stubs Compliant?
Nearly all California employment wage and hour class action lawsuits assert a cause of action under California Labor Code Section 226 as plaintiffs’ attorneys almost always automatically include such cause of action when there are other alleged underlying wage violations, i.e. failure to pay overtime. By asserting this cause of action in their class action complaint, the plaintiffs are provided
COURT RULINGS PROVIDE MORE THAN $1M IN BACK WAGES, DAMAGES FOR MORE THAN TWO DOZEN BAY AREA WORKERS
Two separate court rulings in U.S. District Court for the Northern District of California are putting more than $1 million in back wages and damages into the hands of dozens of workers denied minimum wage and overtime by the owners of nearly a dozen Bay Area residential care facilities. In a consent judgment entered May 17, 2016, by Magistrate Judge
NLRB ruling says In-N-Out can’t stop Fight for $15 pins
In-N-Out’s use of buttons on employee uniforms to wish customers Merry Christmas was one of a few reasons a judge ruled that In-N-Out can’t stop employees from wearing buttons for a different reason — promoting “Fight for $15”. The 309-unit chain requires workers to wear “Merry Christmas” buttons during the holidays, and another in April that solicits donations to the
Cash in Lieu of Benefits Must Be Included in Overtime Calculations, 9th Cir. Rules
Employers that provide cash payments to employees who have health care coverage through a spouse or other means may find themselves thinking of the old adage that “no good deed goes unpunished” in the wake of a new appeals court ruling. In Flores v. City of San Gabriel, the 9th Circuit Court of Appeals held that such payments can result
OSHA & Combustible Dust
OSHA has issued a new Fact Sheet for Combustible Dust Explosion Hazards. The PDF is attached here. Although OSHA has not yet issued a regulation specifically addressing combustible dust issues, it has and will continue to cite employers under a variety of other OSHA regulations and the General Duty Clause for violations related to combustible dust hazards. See this link
Los Angeles FAQs on the New Minimum Wage and Paid Sick Leave Ordinance
On June 1, 2016, the Los Angeles City Council passed an ordinance impacting employers in the city of Los Angeles and mandating paid sick leave beyond that which is required under the recently passed California statute (Cal. Labor Code section 245, et. seq.). The ordinance, which took effect on July 1, 2016, has left many questions unanswered for employers as