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At the end of a recent CER webinar on FMLA/CFRA certifications, Allen Kato fielded several questions from employers related to leaves of absence in California. Topics included requiring notice for intermittent leave, timing of receipt of certification, and employee requirements when calling out of work
In California, meal periods for employees must be at least 30 minutes by law, and the employee must be fully relieved of all work during that meal period. The meal period may be unpaid, and it has to be taken within the first 5 hours of the shift. These requirements apply for any workday in […]
What are the consequences for a California employer if an employee misses meal periods or rest breaks? The primary consequence is that premium pay is now due. Premium pay is assessed at one hour of regular wages for each day in which there is a violation. In addition to the premium pay penalty, there are […]
Employment contracts in California have historically included arbitration clauses seeking to limit employer risks and increase the likelihood of winning should a claim be raised. “With respect to the arbitration agreements, the arbitration contract – if successfully enforced – will channel the legal proceeding into a form that is traditionally more favorable as a venue […]
Calculating overtime in California is extra complex because state and federal rules differ. Additionally, base rate calculations get complicated with commissions, bonuses, and other payments. What pay can be excluded when calculating the regular rate? How can employers be sure to be legally compliant in the calculations?
Overtime in California can be a complex calculation, not the least of which is because the state laws for calculating overtime differ from federal law. This issue remains a priority because overtime violation complaints are on the rise. –Claims for unpaid overtime and other missed pay obligations are definitely the lawsuit of the day.– Allen […]
Are all your employees accurately classified as exempt or nonexempt? Are you sure? The costs of misclassification can add up quickly, and the DOL estimates that nearly 70 percent of employers are not in compliance. You shouldn’t risk it. By learning how to conduct an internal payroll self-audit that evaluates your current policies and practices, […]
Overtime laws in California differ from the federal laws. If you have employees in California, you need to know your overtime obligations. In a CER webinar titled “Exemption Audits in California: Practical Strategies for Conducting a Successful Self-Audit of Your Job Classifications,” Allen M. Kato outlined some overtime basics for us to help employers understand […]
Calculation of overtime in California differs from other states in regard to what hours count toward the total hours worked in the week, and that’s just the beginning. Even the best HR professionals can find the topic of paying overtime in California perplexing.
By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving […]