With the family summer travel season winding down, it is time to get out your Weintraub Tobin Passport for this fall’s amazing schedule of free legal seminars! There is still time to complete your passport before the end of the year. At the end of your long journey through this year’s employment law landscape, we
Labor Law
Employer Wins: Independent Contractor Determination Is Binding On California Labor Commissioner
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
By: Lizbeth V. West
As many California employers are learning the hard way these days, the misclassification of workers as independent contractors rather than employees can have far reaching consequences when an employer is audited by different governmental agencies during either a random audit or an audit that is prompted in response to a claim…
Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity of outside salesman," for example, are exempt from the statute’s minimum wage and maximum hour requirements. Whether mortgage loan officers (who typically assist prospective borrowers in identifying and then applying for various mortgage offerings) qualify for this "administrative exemption" has been the subject of some debate, even within the Department of Labor.Continue Reading Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
Upcoming Seminar – Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
Summary of Program
The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain…
The EEOC Is Now Officially An Employee Side Employment Law Firm
By Labor & Employment on
Posted in Labor Law
For years, California’s employers have suspected that the EEOC is not the neutral investigative agency it holds itself out to be. Through the process of dealing with recalcitrant advocates, err investigators, employers know all too well that often times the EEOC seems to be on a mission that is anything but a straight forward fact finding mission. The EEOC’s latest alleged actions further demonstrate that this Federal Governmental Agency may now have fully crossed the Maginot line into the land of openly being one of the many employee side plaintiff’s law firms that dot California’s golden shores.
Continue Reading The EEOC Is Now Officially An Employee Side Employment Law Firm