AB 1675 was signed by Governor Brown to increase the penalties farm labor contractors face where failing to become properly licensed by the Labor Commissioner. Previous law required farm labor contractors to be licensed by the Labor Commissioner. Under that law, violators were guilty of a misdemeanor punishable by specified fines
Wage & Hour
Background Checks Required For Some Working With Minors In Entertainment Industry
By Ramona Carrillo on
By: James Kachmar
Governor Jerry Brown recently signed AB1660 into law. Introduced by Assembly Member Nora Campos, AB1660 amends the Labor Code to require certain people working with minors in the entertainment industry to apply for a Child Performer Services permit and submit to a criminal background check. The bill also prohibits registered sex offenders from working with minors in the entertainment industry and imposes criminal sanctions for violation of its provisions.Continue Reading Background Checks Required For Some Working With Minors In Entertainment Industry
Amendments to Labor Code §226 Clarify Employers’ Wage Statement Obligations and Add Specific Requirements for Temporary Services Employers
By Ramona Carrillo on
Governor Brown recently approved SB 1255, AB 1744 and AB 2674, amending existing Labor Code section 226 relating to wage statements. Existing law requires all employers to provide employees with accurate itemized statements with specific information, either semimonthly or at the time of each payment of wages. Penalties up to $4,000 or actual damages, plus attorneys’ fees and costs, can be imposed on employers who willfully violate these requirements. Now, wage statements for temporary services employees must contain additional information. New law also clarifies when an employee has suffered an “injury” for purposes of obtaining the penalties, and provides employers with an affirmative defense for inadvertent, one-off violations.Continue Reading Amendments to Labor Code §226 Clarify Employers’ Wage Statement Obligations and Add Specific Requirements for Temporary Services Employers
Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA
As the L&E Law Blog readers may recall from the August 31, 2011 blog post and the teleseminar I conducted on September 14, 2011, the court in Arechiga v. Dolores Press, Inc. (2011) 192 Cal. App. 4th 567 was the sole California decision that held that “mutual wage agreements” were legal in California despite the express language in section 515 of the Labor Code.Continue Reading Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA
“Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?
By Ramona Carrillo on
Posted in Wage & Hour
The Ninth Circuit has referred the Peabody v. Time Warner Cable case to the California Supreme Court to answer this question.
Under the commissioned salesperson exemption, or the “inside sales exemption” in Wage Orders 4 and 7 (ONLY) an employee is exempt from overtime if his or her earnings: 1) exceed one and one-half times the minimum wage; and 2) more than half of the employee’s compensation represents commissions. Under California’s minimum hourly wage of $8.00, an inside sales commissioned employee must earn at least $12.00 per hour to qualify for the exemption. Continue Reading “Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?