PAID TO PLAY, BUMMER MAN

California Employer Who Sends Workers Home Early
Can Pay for the Privilege
Jim is one of the company’s three customer service representatives.   Thirty minutes into the morning shift, the supervisor sends him home for lack of incoming calls.  Later in the day, the work picks back up, the supervisor [...]

How to Avoid Costly Penalties for Missed Meal Breaks
As discussed in Bowles Law Report Volume 8, Issue 3, California courts have differed on what it means to “provide” hourly, exempt-from-overtime workers their meal and rest breaks. Until the California Supreme Court clarifies labor laws on breaks, we advise employers to err on the side of [...]

Can’t catch a break??  On-Duty Meal Breaks

In California, generally an employer may not have an hourly wage employee work more than five hours per day without providing that employee with at least a thirty minute meal break.  However, if that worker will complete the day’s work in six hours, the worker and employer [...]

CALCULATING OVERTIME WITH EMPLOYEE BONUSES IN CALIFORNIA
Calculating overtime for weeks when a worker earns a “nondiscretionary” production bonus can be is a trap for unwary employers.  Under California and federal law, employers must calculate overtime pay based on an employee’s regular rate of pay.  “Regular rate” is not necessarily the same as an employee’s “straight [...]

Are Off The Clock Lawsuits Heading Into Overtime?
We are noticing an increasing number of wage and hour lawsuits filed in the Los Angeles Superior Court, Central District (downtown Los Angeles).  Although such lawsuits often involve allegations of meal and rest break violations, several employment law firms are now predicting the focus will shift to overtime [...]

Flexibility Added to California Alternative Workweek Schedule

California law authorizes an alternative work week schedule (AWS) of workdays exceeding eight hours without overtime pay if certain criteria are met.  Classically, an alternative work schedule will be four 10-hour days, with three days off.  Health care offices are common candidates for an AWS.  Such flexible alternative [...]

Compensation Used to Purchase Forfeited Restricted Stock not Deemed Earned Unpaid Wages
A November, 2009 California Supreme Court ruling affirmed that an incentive stock option plan which had not fully vested upon plaintiff employee’s resignation did not constitute earned but unpaid wages and the employer could lawfully require the employee to forfeit the stock and [...]

The California Administrative Exemption
             Under California labor laws, certain provisions of the Industrial Welfare Commission (IWC) Wage Orders – including California overtime law and meal and rest period premiums – do not apply to persons employed in an exempt administrative capacity.  An exempt administrator is primarily engaged (51%-plus) in high level “desk-bound” planning, organizing, and [...]

The California Executive Exemption

Under California law, provisions of the Industrial Welfare Commission (IWC) Wage Orders – including overtime compensation and meal and rest period premiums – do not apply to persons employed in an executive capacity.  This exemption is for executives primarily engaged (51%-plus) in managing at least two personnel below them in the [...]

IS YOUR COMMISSIONED INSIDE SALES
REPRESENTATIVE EXEMPT FROM OVERTIME?

“Commission wages” are compensation based proportionately on the value or amount of the item or service sold.  An “inside sales representative” sells merchandise in a store or sales lot or sells products or services via a company telephone.  In contrast, “outside sales representative” means any person, [...]