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Labor Commissioner cites L.A.-based hospital chain more than $7 million for wage violations
May 2013
The California Labor Commissioner has cited Pacific Health Corporation about $6.5 million for failing to provide complete and accurate itemized wage statements to employees . . . more

Wage and hour: Worker sues multiple employers; Could you end up on the hook as a 'joint employer'?
May 2013
The question of who employs a worker--and therefore who could be liable for wage and hour violations--isn't always cut and dried. Both state and federal law recognize, for example, that a worker might have more than one employer, all of whom could be fully liable under wage and hour laws. . . . more

Online exclusive: Checklist for applying for relief from employee misclassification
CEA Online Exclusive April 2013
The IRS's Voluntary Classification Settlement Program (VCSP) allows eligible employers to voluntarily reclassify workers as employees rather than independent contractors for future tax periods. With recent modifications, as well as the launch of a temporary eligibility expansion, the program is open to more employers than ever. . . . more

Misclassification: IRS expands voluntary settlement program; Are you eligible for relief from past payroll taxes?
April 2013
In 2011, the Internal Revenue Service (IRS) launched a program that allows eligible employers to voluntarily reclassify workers as employees rather than independent contractors for future tax periods. In return, the employers' liability for past payroll tax obligations is cut substantially. . . . more

Tipped workers: Court upholds casino's tip-pooling arrangement; How to comply with the tipping laws
April 2013
If you have a tip-pooling arrangement, you already know it's usually not very popular with employees who have to kick in part of their gratuities to be shared with their coworkers. It's not surprising, then, that employees continue to challenge the arrangements in court. . . . more

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

Wage and hour: Court OKs time-keeping policy; When can you round time up or down?
February 2013
If you're like a lot of employers, you round your nonexempt employees' time clock punches when calculating their hours worked. In California, the Division of Labor Standards Enforcement (DLSE) has long taken the stance that this practice is acceptable, but the appellate courts had not weighed in--until now. The California Court of Appeals recently held that rounding is lawful under state law as long as it meets certain conditions. . . . more

Independent contractors: Court allows misclassification claims; Arbitration clause doesn't apply
January 2013
The past year has seen a veritable onslaught of rulings from the California Court of Appeals related to mandatory arbitration agreements. Many of these focused on the validity of the clauses or the waiver of class arbitration. However, in one recent case, the workers conceded at the outset that they were bound by an arbitration clause. The problem, the court found, was that the clause didn't apply to their misclassification claims. . . . more

Arbitration: Court of Appeals addresses class arbitration; Ruling could make it harder for workers to get class arbitration
November 2012
Another month, another California Court of Appeals decision adding to the uncertainty about the future of class arbitration waivers. This new ruling holds some promise for employers, potentially making it more likely that class action waivers will be upheld in the courts. . . . more

Featured Resource: Wage and hour holiday FAQs
November 2012
With the holidays around the corner, employers will face a variety of sometimes confusing wage and hour issues. . . . more

Online exclusive: Checklist for meal and rest break compliance
CEA Online Exclusive October 2012
California employers greeted the state Supreme Court's decision in Brinker Restaurant Corp. v. Superior Court with a sigh of relief. At last, they had assurance that it's enough to simply provide meal periods--they don't have to ensure that their nonexempt employees actually take the breaks. But the meal and rest break area can still be confusing. Our checklist will help you satisfy your break-related duties under California law. . . . 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

Wage and hour: Court OKs employer's recovery of commissions; Does your chargeback provision hold up?
October 2012
Commission agreements can create a conflict between employers, who understandably don't want to pay a commission on a sale that may ultimately be canceled, and employees, who don't want to wait out the entire cancellation period before getting paid. Some employers have tried to strike a balance by paying commissions before that period expires but providing in the commission agreement for a "chargeback" if sales are subsequently canceled. . . . more

Featured resource: Are you ready for the new commission requirements?
October 2012
Beginning January 1, 2013, a new law requires employers that have any employees who will receive commissions for providing services in California to have written commission agreements that meet specific requirements. . . . more

Arbitration: Court of Appeals upholds class action, PAGA waivers
September 2012
Mandatory arbitration agreements have taken a lot of hits from California courts this year, but employers have scored a major victory in a case involving an agreement with a class and representative action waiver. . . . more

U.S. Supreme Court finds drug company reps exempt under the FLSA
August 2012
The Supreme Court's rulings on healthcare reform and immigration got the lion's share of the attention this summer, but the Court also issued a significant decision regarding the Fair Labor Standards . . . 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.