Under California overtime law, an employer generally must pay non-exempt employees: One and a half times their regular rate of pay for all hours worked in excess of 40 hours per week. One and a half times their regular rate of pay for all hours worked in excess of 8 hours a day, up to…
Employers must keep records of its employees as set forth in California Labor Code § 226, 1174, 1175, 29 USCA § 211(c), 29 CFR § 516.5, and 29 CFR § 516.6. If you are an employer, and want to know what records you are required to keep, then CALL RODENBO NOW! If you are an…
Good ole’ common law provides that: “He who shakes the tree is the one to gather the fruit.” (E. A. Strout Western Realty Agency, Inc. v. Lewis (1967) 255 Cal.App.2d 254, 259, quoting Sessions v. Pacific Improvement Co. (1922) 57 Cal.App. 1, 18; see also DLSE, Enforcement Policies and Interpretations Manual, supra, § 34.6.) Further,…
A California Court of Appeals has confirmed that store managers can be considered “non-exempt” and entitled to overtime pay when they spend over 50% of the time performing non-exempt (i.e. non-managerial) duties. In Heyen v. Safeway Inc., the California Court of Appeals upheld a trial court’s award of overtime pay to an assistant manager of…
California Labor Code section 432.7 protects employees and potential employees from unlawful discrimination due to past criminal convictions that have been expunged (i.e. legally cleared up pursuant to California law). Under section 437.2, if your prior criminal conviction has been expunged, then California employers are prohibited from asking you about that conviction, and from using knowledge…
In California, Employers are not required to provide their employees with paid or unpaid vacation time. However, if an employer does have an established vacation policy to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. California law provides that earned paid…
California Labor Code section 515(d) provides that for the purpose of computing the overtime rate of pay to a nonexempt full time salaried employee, the employee’s regular hourly rate shall be 1/40th of the employee’s weekly salary. Section 515(d) further provides that a fixed salary to a nonexempt employee is for the employee’s non-overtime hours…
California Labor Code Section 980 prohibits employers from requiring or requesting that an applicant or employee to: (1) Disclose a username or password for the purpose of accessing personal social media; (2) Access personal social media in the presence of the employer; or (3) Divulge any personal social media to the employer….
