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Tag Archives: DLSE

DLSE Issues New Guidance on Rest Breaks – Is Your Handbook Up to Date?

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

The Division of Labor Standards Enforcement (“DLSE”) recently issued updated guidance regarding rest breaks that reverses its previous position, which permitted employers to require that employees stay on work premises during their rest periods. In this new guidance, the DLSE states that employers “cannot impose any restraints not inherent in the rest period requirement itself,”… Continue Reading

Oh Sh–! The Government is Knocking at Your Door

Posted in Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Summary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This seminar will include tips on whether, and how to, conduct a self audit; understanding the do’s and… Continue Reading

Employer Wins: Independent Contractor Determination Is Binding On California Labor Commissioner

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… Continue Reading

California’s Department of Labor Standards Enforcement (DLSE) Has Issued Its Model Notice to Employees Under AB 469

Posted in New Legislation and Regulations

By:      Lizbeth (“Beth”) V. West, Esq. In October 2011, Governor Brown signed AB 469 – the “California Wage Theft Prevention Act of 2011” (the “Act”). The Act created Labor Code section 2810.5(a) which, as of January 1, 2012, requires employers to provide some new employees at the time of hire with a written notice that… Continue Reading

The Proper Calculation of Overtime Pay on Bonus Compensation: Marin, et al. v. Costco Wholesale Corporation

Posted in Wage & Hour

This case concerns the lawfulness of defendant Costco Wholesale Corporation’s formula for computing overtime compensation on semi-annual bonuses paid to hourly employees. The trial court determined that defendants’ bonus overtime formula for the class of employees who qualify for the maximum base bonus (plaintiffs) violates California law, and ordered use of a different formula. The… Continue Reading