On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces, Healthy Families Act of 2014”) for employees paid by commissions and for exempt employees who also receive an annual bonus. Here is
Wage & Hour
Unpaid Work Time Is Not Offset By Voluntary Payment
By Charles L. Post on
Posted in Employment Contracts and Agreements, Wage & Hour
Almost all employers are business people. They are used to credits and debits in handling and accounting for commercial accounts, they are used to the application of credit in one transaction to make up for a shortfall in another. A customer over pays for a delivery in March but under pays by the same amount…
New DOL Overtime Rules And The Fluctuating Workweek
Unless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act…
More Pitfalls For Misclassifying Employees
The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an independent contractor, they may be subjected to fines, penalties and other types of liability. Such employers also can be sued by the misclassified employee and…
States And Congress Challenge New Overtime Rules
By Lukas Clary on
Posted in Employment Contracts and Agreements, Wage & Hour
As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back. In late September, 21 states jointly filed a lawsuit in the Eastern District of Texas asking that the court block the DOL…