Wage & Hour

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By: Lizbeth V. West, Esq.

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?

Download: 5-22-12 EDD Broch FINAL Verif.pdf (191.15 kB)

The Sacramento Employer Advisory Council in partnership with the Employment Development Department present the half-day seminar: "The Hottest Wage and Hour Issues Facing Employers Today."

Wage and Hour Issues

Wage and hour issues continue to plague even the most savvy employers. Navigating through a multitude of often…

By: Brendan J. Begley

The California Court of Appeal this week provided a shield to employers against attacks left open by the state Supreme Court’s momentous decision earlier this month concerning meal and rest periods. The appellate court in Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone), No. B235491, decided that a trial court in Los Angeles should have dismissed class-action allegations in a meal-and-rest-period lawsuit.Continue Reading Closing The Gap Left By Brinker RE Meal-And-Rest-Period Class Actions

By: Charles L. Post and James Kachmar

As many readers of this Blog know, we’ve been awaiting the California Supreme Court to issue its decision in the Brinker case. This morning it did so. As our attorneys continue to analyze the decision involving issues of employee rest periods and meal breaks, we will be publishing several blog updates in the coming days discussing the impact of the decision on California employers.Continue Reading CASE ALERT: California Supreme Court Hands Down Brinker Decision