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California employers must pay overtime tonon-exempt employeesfor work in excess of eight hours per workday or 40 hours per workweek.
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TheWage and Hour Division(WHD) of the federal Department of Labor has aimed acompliance initiativeat home health services, nursing homes, residential facilities and other employers focusing on care services. In 1,600 investigations since 2021, the WHD has found violations in 80 percent of the cases, recovering "$28.6 million in "back wages and damages for nearly 25,000 workers," plus "assessments of nearly $1.3 million in civil monetary penalties for willful violations."
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Employers must maintain complete and accurate timekeeping records, whether electronic, handwritten, or punch clock.
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The California Legislature has tried for years to stop mandatory arbitration provisions in employment contracts. The Governor or a court has overruled each such effort because of conflict with the Federal Arbitration Act (FAA).
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California Governor Gavin Newsom will end the COVID-19 State of Emergency February 28, 2023.
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Arizona owners of 18 California, Arizona, and Nevada McDonald's franchiseshave agreedwith the federalEqual Employment Opportunity Commission (EEOC)to pay $1,997,500 to settle a sexual harassment lawsuit.
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California is notorious for penalizing improper classification of employees as independents. Not to be outdone, the federal Department of Labor is also cracking down on employers who similarly miscast workers.
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