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Online Exclusive: Checklist for Equal Pay Audits
CEA Online Exclusive February 2012
Studies show that pay disparities between male and female workers persist in many industries. But state and federal law prohibits discrimination against employees on the basis of sex (and, of course, other protected traits) when it comes to the payment of wages. . . . more
Compensation: GAO Reports on Gender Pay Differences; How to Comply with Equal Pay Laws
February 2012
You've come a long way, baby--or not. According to a Government Accountability Office (GAO) report, a pay disparity between male and female workers continues in many industries. Although women have surpassed men in education over the past 30 years, they generally still earn less than men. Read on to learn about the problems this can lead to for your workers--and you. . . . more
Special Report included in this issue: Premium Pay in California: Overtime, Reporting Time, and More
December 2011
California employers are subject to state wage and hour laws that are often more demanding than the federal standards. State law, for example, requires employers to pay nonexempt workers premium pay n . . . more
Employment Taxes: IRS Offers Employers Relief for Misclassified Workers; Reclassifying Workers Can Reduce Past Payroll Tax Obligations
December 2011
In September, the Internal Revenue Service (IRS) announced a new 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 will be cut substantially. If you're uncertain about some of your worker classifications, this new Voluntary Classification Settlement Program (VCSP) could be just what you need to make sure you're in compliance. . . . more
IRS issues guidance on tax treatment of employee cell phones
November 2011
The Internal Revenue Service (IRS) has issued guidance clarifying the tax treatment of cell phones used by employees. The guidance explains that when employers provide cell phones to their employees, . . . 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
Online Exclusive: Checklist for Calculating Employees' 'Regular Rate' of Pay 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
Exempt Employees: Ninth Circuit Says Unlicensed Accountants May Be Exempt; Exemptions Turn on Actual Job Duties, Not Titles
September 2011
In a long-awaited decision, the Ninth Circuit Court of Appeals has held that the professional and administrative exemptions to California's overtime provisions could apply to unlicensed accountants. . . . 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
Wage and Hour: The Right Way to Handle Final Wage Payments
September 2011
When you discharge employees, the law generally requires you to pay them all of their wages, including for accrued vacation time, immediately at the time of discharge. . . . more
Online Exclusive: The California Commissioned Sales Exemption
CEA Online Exclusive August 2011
Online Exclusive: The California Commissioned Sales Exemption 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
IRS boosts standard mileage rate
August 2011
In recognition of recent gasoline price spikes, the Internal Revenue Service (IRS) has announced an increase in the optional standard mileage rate for the final six months of 2011; the IRS normally u . . . more
Class Actions: U.S. Supreme Court Rejects Massive Wal-Mart Sex Bias Lawsuit; What It Means for You
August 2011
In a major victory for employers across the country, the U.S. Supreme Court has stopped a huge class action lawsuit against Wal-Mart in its tracks, reversing the Ninth Circuit Court of Appeals in San Francisco, which covers California. The high court's ruling should make it much more difficult for employees to get classes certified in future discrimination cases. . . . 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
State Court of Appeals says employers must only provide meal and rest breaks
July 2011
The California Court of Appeals has again ruled that state law requires employers only to provide employees with meal and rest breaks, not to ensure employees actually take the breaks. The decision i . . . more
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