Under Federal Law Federal law exempts certain employees from both minimum wage and overtime pay requirements. These exemptions include: * Workers employed in a bona fide executive, administrative or professional capacity; * A list of certain other employees, including outside salespersons, amusement park/recreational employees, agricultural employees, newspaper business employees, switchboard…
Articles Posted in Wages and Compensation
Which employer deductions are allowed?
An employer may not deduct from employee’s wages moneys lost due to ordinary losses, such as cash shortages, breakage or loss of equipment, etc.) in the absence of showing of dishonesty, willful acts or gross negligence. As the court noted, the law prevents the employer from using wages to shirt…
Who is exempt from overtime coverage under executive exemption in California?
The executive exemption that relieves employers from the obligation to pay overtime compensation applies to any employee: * Whose duties and responsibilities involve the management of the enterprise in which he is employed or of a customarily recognized department of subdivision of that enterprise; * Who customarily and regularly directs…
When the employer / company that owes you wages is sold or acquired by another company.
In the ever increasing occurrence of mergers, dissolutions and restructuring of businesses it is not uncommon for an employee to face a situation where he/she is owed wages for work performed, but these wages are unpaid because the entity that purchases the original employer is not willing to pay the…
The rules for employee reimbursement for mileage expenses
In 2007, the California Supreme Court addressed the issue of reimbursement of mileage expenses incurred by traveling employees under California Labor Code 2802 in the case of Gattuso v. Harte-Hanks Shoppers, Inc. The court held that when calculating costs that an employee incurred using his or her automobile, for purpose…
Can employer take paid wages back (chargebacks and California non-forfeiture law)
Under California Labor Code section 221, an employer may not take back any wages from an employee after they are earned. The statute provides: “It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.”…
Overtime and commission based wages in California
Under California Labor Code section 510(a), all employees who work in excess of 40 hours in one workday or in excess of 8 hours per day must receive overtime pay. This provision, however, doesn’t apply to any employee “whose earnings exceed one and a half time of the minimum wage…
Alternative workweek schedule and overtime
Under California law (California labor code section 501), an employer can authorize alternative workweeks of workdays exceeding eight hours without overtime pay if specified criteria are met. Such flexible scheduling requires full disclosure to affected employees and the affirmative vote of at least two-thirds of the employees in the affected…
Advantages / Disadvantages of Being An Independent Contractor
In recent years, it has become increasingly popular for businesses to use the services of independent contractors for both short and long-term projects rather than to hire new career employees. Business can retain the services of independent contractors directly, or through a temporary employment agency. The potential advantages of suing…