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DLSE cites warehouse for overtime, meal break violations
March 2013
The state Division of Labor Standards Enforcement (DLSE) has issued citations to Quetico, LLC, a Chino warehouse and distribution company, for overtime violations and failure to provide required meal . . . more

Legislation: Overview of the new state employment laws
December 2012
Governor Brown faced a pile of new bills this fall and signed many of them into law, including several related to employment. We highlight some of the most important employment-related laws below. Unless otherwise noted, the laws take effect January 1, 2013. . . . more

Exempt employees: Appellate court again says claims adjusters aren't exempt; Ruling could narrow administrative exemption
October 2012
Last December, the California Supreme Court reversed a state Court of Appeals ruling that had dramatically narrowed the scope of the administrative exemption (see the February 2012 issue of CEA). Although the high court declined to definitively answer whether the insurance claims adjusters in the case were exempt, it rejected the appellate court's analysis of the issue and returned the case to the lower court to reconsider. . . . more

Online Exclusive: Checklist for Salesperson Exemptions from Overtime
CEA Online Exclusive April 2012

|Image1|Both the federal Fair Labor Standards Act (FLSA) and California wage and hour laws exclude certain salespeople from overtime pay requirements. While both federal and state law exempt outside and commissioned salespersons, though, they apply different tests. . . . more

Exempt Employees: Recruiters' Overtime Claims Fail; How to Secure the 'Commissioned' Employee Exemption
April 2012
Another state court has issued an overtime exemption ruling that has California employers celebrating. Late last year, the state Supreme Court reversed the Court of Appeals' narrow interpretation of the administrative exemption (see CEA February 2012 for details). . . . more

Exempt Employees: State Supreme Court Weighs in on Claims Adjusters' Exemption; Are Your Workers 'Administrative'?
February 2012
More than four years after agreeing to review a state Court of Appeals ruling that dramatically narrowed the scope of the administrative exemption, the California Supreme Court has reversed the decision. . . . more

Wage and Hour: Security Guards Lose Quest for Overnight Split-Shift Pay; Consecutive Overnight Shifts Don't Qualify
October 2011
We have some good news about premium pay obligations for California employers that rely on 24-hour workforces: The fact that some of your employees work shifts that span midnight on consecutive days isn't enough to qualify them for split-shift pay. . . . more

Online Exclusive: Checklist for Calculating Employees' 'Regular Rate' of Pay
CEA Online Exclusive September 2011

Under California wage and hour law and the federal Fair Labor Standards Act (FLSA), overtime is calculated based on a nonexempt employee's regular rate of pay. In determining which payments should be included or excluded from the calculation of the regular rate of pay, California law largely mirrors the standards adopted by the federal Department of Labor (DOL) for the FLSA. . . . more

Hours of Work: Employer Agrees to Pay $1.5 Million in Overtime Back Wages; When Is Pre- and Post-Shift Work Compensable?
September 2011
A California employer recently learned the hard way that when it comes to employees performing work-related activities before or after a shift, a few minutes here and a few minutes there can add up to a big chunk of compensable overtime. . . . more

Online Exclusive: The California Commissioned Sales Exemption
CEA Online Exclusive August 2011

California wage and hour law and the federal Fair Labor Standards Act (FLSA) both recognize exemptions from the overtime requirements for certain employees who work as commissioned salespeople. . . . more

Overtime: California Supreme Court Rules That Overtime Laws Apply to Nonresidents--But Not Without Limits
August 2011
In a long-awaited decision, the California Supreme Court has unanimously held that California-based employers must pay overtime to certain nonresident employees who spend time working full days or weeks in the state--and that not doing so can provide the basis for a claim under the state unfair competition law (UCL). . . . more

Exempt Employees: Court Expands Definition of 'Commission Wages'; Is Your Sales Force Exempt?
August 2011
When most people hear the word "commission," they probably think of compensation based on a percentage of a sales transaction. But for purposes of the commissioned employee exemption under California's overtime laws, the state Court of Appeals has ruled that compensation based on the number of units sold also constitutes commission wages--the first time a California court has interpreted state law on commissions in this way. Read on to learn what this decision could mean for your sales force. . . . more

DOL launches new timesheet app
July 2011
The Department of Labor (DOL) has released a smartphone application to help employees independently track their hours and determine the wages they are owed. The app, available in English and Spanish, . . . more

Overtime: Employer Must Calculate Compensation Based on Actual Period of Work--Not on an Artificially Designated Workweek
June 2011
Many employers schedule their workweeks to start on Monday. If you take this approach--and also schedule some employees to work seven consecutive days--you should make sure you're meeting your obligations to pay "seventh-day" overtime wages. . . . more

Levi Strauss to pay more than $1 million to misclassified employees
May 2011
San Francisco-based Levi Strauss & Co. has agreed to pay $1,011,413 in overtime back wages to 596 employees nationwide after the U.S. Department of Labor (DOL) found the company violated overtime and . . . more

Wage and Hour: California Court OKs Fixed Guaranteed Salary For Nonexempt Employee; How to Satisfy the Legal Requirements
April 2011
A recent California Court of Appeals ruling delivers some welcome news to employers looking for a shield to deflect overtime claims by salaried nonexempt employees. . . . more

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Learn everything you need to know about calculating California overtime pay for bonuses in this FREE guide.

Learn everything you need to know about calculating
California overtime pay for bonuses in this FREE guide.