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On February 4, 2019, a California Court of Appeal ruled that employees calling their employer to determine if they must come into work is considered reporting to work, and reporting time pay is owed to the employee if they are not required to work that day.  The case is Ward v. Tilly’s, Inc. from the Second District Court of Appeals.  Here are five key issues for employers to understand about the ruling: 1. Reporting time…
Expense reimbursement may seem like a small issue in comparison with the other areas of liability facing California employers, but the exposure for not appropriately reimbursing employees can be substantial. In Gattuso v. Harte-Hanks Shoppers, Inc., the California Supreme Court clarified the parameters of mileage reimbursement under California law, as well as the three different methods available for employers to reimburse employees for their mileage reimbursement.  This Friday’s Five post discusses five issues employers…
With the start of 2019, I’m writing a series of posts covering employment law areas that employers should audit on a routine basis.  The first two articles covered hiring practices and records retention practices.  This post covers five wage and hour considerations that every California employer should review on a routine basis: 1. Payroll Are the company’s workweeks and paydays established? Are paydays within the applicable time limits after the pay period as required…
The beginning of 2019 brought substantial employment case settlements and verdicts.  This Friday’s Five reviews the settlements and verdicts that should catch the attention of all employers, as well as a review of the U.S. Supreme Court’s new ruling on arbitration agreements for transportation workers: 1. Restaurant settles claim with Labor Commissioner for $4 million covering approximately 300 employees. The restaurant chain in the San Francisco bay area, Rangoon Ruby, settled a Labor Commissioner claim
Recently I had the opportunity to interview Nolan Bushnell and Jason Crawford, co-founders of Modal Systems, a LA based virtual reality start-up company.  Nolan is a serial entrepreneur who has founded many companies, but you probably recognize Atari and Chuck E. Cheese as his most notable.  My full interview is available on iTunes here. The most notable lessons for entrepreneurs from the interview: 1. Leaders are always learning. I had an outline of issues…
Employers should remember to take time to review their employee documentation, retention policies, and how this information is being saved on a periodic basis.  The beginning of 2019 it is a great time to review these items to ensure compliance with the law and to make the best defense against litigation.  The first article in this series of posts covered hiring practices audit for 2019, this post deals with records.  The next post will…
https://www.youtube.com/watch?v=EDQATzdmHq8&t=39s Happy New Year!  This Friday’s five video covers five reminders about the minimum wage increase: 1. As of January 1, 2019, the minimum wage in California increased from $11.00 to $12.00 per hour for employers with 26 or more employees (the increase is from $10.50 per hour to $11.00 per hour for employers with 25 or fewer employees on January 1, 2019).  2. With the increase in the state minimum wage, there is a…
With the start of 2019, it is a great time to audit employment policies and practices.  The next series of posts will be a review of a few practices California employers should review on a periodic basis.  The posts will cover the following topics: the hiring process, employment records (what should be kept and for how long), wage and hour issues, end of employment issues, and will conclude with training requirements for supervisors and employees. …
Merry Christmas and Happy Holidays!  I hope everyone is spending some quality time with family members.  In part to give me a bit of a break from creating entirely new content, this holiday edition of Friday’s Five is five recent videos from my YouTube channel: 1. Holiday leave policies: 2. Understanding the mediation process: 3. Meal and rest break update for 2018: 4. 5 key concepts California managers need to understand: 5. Strategies for defending…
To qualify as an exempt employee, California requires that an employee must be “primarily engaged in the duties that meet the test of the exemption” and “earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Labor Code section 515. This forms the two-part test the employees must meet to be exempt: (1) the salary basis test and (2) the duties test. Here are five general issues…