The California Supreme Court in Peabody v. Time Warner Cable, Inc., Case No. S204804, __ Cal. 4th __ (July 14, 2014) held that an employer CANNOT attribute commission wages paid in one pay period to other pay periods in order to satisfy California’s commissioned sales person exemption. The court reasoned as follows: “[A]n employer satisfies…

When litigating overtime claims, employers must assert any applicable exemptions as an affirmative defense, and the employer has the burden of proof to prove that the employee was exempt from being entitled to receive overtime pay: “[T]he assertion of an exemption from the overtime laws is considered to be  an affirmative defense, and therefore the…

Effective January 1, 2013, California Labor Code section 2751 requires the following: If an employer enters into a contract with its employee for services to be rendered and the method of payment involves commissions, the contract shall: (1)   be in writing, and (2)   set forth a method by which the commissions shall be computed and…

The California Supreme Court decided Salas v. Sierra Chemical Co., affirming that undocumented immigrants are still afforded the protections of California employment law. The Court held that undocumented employees are entitled to pursue FEHA claims for retaliation and discrimination against their employers. The Supreme Court reasoned that preventing undocumented employees from seeking remedies when they…

Under California Labor Code section 2802, employers are required to reimburse their employees for expenses they necessarily incur in performing their job duties. If an employee’s job duties require the employee to use his or her car, the employer must reimburse the employee for automobile expenses such as mileage, gas, and wear and tear. In…

On September 25, 2013, Governor Brown signed legislation which will increase California’s minimum wage for the first time since 2008. Starting July 1, 2014, the minimum wage will increase from $8.00 per hour to $9.00 per hour. On January 1, 2016, the minimum wage will increase to $10.00 per hour.

Overtime for Nannies, Caregivers, and Other Personal Attendants Starting January 1, 2014, nannies, caregivers, and other “personal attendants” working in private homes in California will be entitled to overtime pay. The Domestic Worker Bill of Rights was signed into law by Governor Jerry Brown on September 26, 2013, and requires domestic employees who are “personal…