In Stone v. Alameda Health System, the California Supreme Court considered whether all public entities that are not specifically governmental in nature are exempt from the obligations in the Labor Code such as meal and rest breaks and overtime, and whether penalties available under the Private Attorneys General Act (PAGA) apply to public entities.
Overtime
4 Things for Employers to Know About Wages and the Holidays
As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees.
- Hours worked on a holiday, Saturdays or Sundays should be treated like hours worked on any other
The Basics of California’s Outside Salesperson Exemption
It is well-known that California law is often more strict than federal law. Just as California handles overtime differently than the federal Fair Labor Standards Act (FLSA), California law also treats aspects of overtime exemptions differently than the FLSA. One such difference is the Outside Salesperson exemption.
Under the FLSA, an outside sales employee is…
California Legislature Update: Tracking New Bills that Could Impact California Employers
February 17th was not only the start of the President’s Day weekend but also the last day that California legislators could introduce bills for consideration during the 2023 legislative session. Jackson Lewis attorneys will be monitoring the below bills, which have the potential for a profound impact on California employers.
Assembly Bill (AB) 1100…
The City of Los Angeles Passes Hotel Worker Protection Ordinance
On June 28, 2022, the Los Angeles City Council passed an ordinance designed to increase safety protections for hotel workers in hotels, to limit their daily workload, and to raise their wages. Mayor Eric Garcetti is anticipated to sign the ordinance, which would then take effect 30 days later.
Called the “Hotel Worker Protection Ordinance,”…
Implementing Alternative Workweek Schedules in California
Under California law, employees normally accrue daily overtime for hours worked over 8 hours in a day. Alternative workweek schedules (AWS) permit workplaces to adopt different schedules longer than 8 hours without accruing overtime. This may be needed due to health and safety concerns or industry practices that mandate longer shifts. It may also be…
California Assembly Bill Proposing a 4-Day Workweek Runs Out of Time
Early in the 2022 Legislative Session, Assembly Bill (AB) 2932 was introduced and was known as the four-day workweek bill. It sought to change when an employee would be paid one and one-half times their regular rate of pay by redefining the workweek.
Under current California law, overtime may be earned at one- and one-half…
Getting Ready for the Holidays and Pay
As we approach the holiday season, employers may have uncertainty about handling holiday pay and related issues with holiday closures.
Under California law, hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. In other words, there is no requirement that employers pay an employee a…
Computer Software Employees and Physicians Overtime Exemption Rates for 2022
For an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the administrative exemption, which includes workers who are employed in administrative, managerial, executive, or professional capacities. There are detailed requirements as to the amount…
Employers Should Have These Pending Wage and Hour Bills On Their Radar
The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar.
Assembly Bill 1003 – Wage Theft as Grand Theft
AB 1003 would make an employer’s intentional theft…