Monthly Archives: November 2011

Recovery for Missed Meal and Rest Periods

While everyone awaits the Brinker ruling, Plaintiffs’ Attorneys hoping that the Supreme Court reverses the Appellate Court ruling and Employers hoping for a confirmation of the Appellate ruling, the Appellate Court in United Parcel Service, Inc. v. Superior Court (2011) 192 … Continue reading

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When Could An Employer Deduct Employee’s Wages

This article will address the instances in which an employer may deduct from employee’s paycheck losses or damages caused by the employee. Under the Industrial Welfare Commission Wage Orders (“IWC”) Section 8, an employer may not deduct employee’s wages for … Continue reading

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Exemption From Overtime Compensation & Meal/Rest Breaks

This article will address one of the commonly invoked exemption from overtime and meal/rest breaks requirements, the “Executive exemption” also known as the managerial exemption. As a general rule, all employees in California are presumed to be hourly and thus … Continue reading

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Non-Compete Agreements with Former Employer Creates Liability for New Employer

This article will feature the implications an employer faces when he/she terminates an employee because the employee is bound by a covenant not to compete drafted by the employee’s former employer. The issue is especially relevant with employers doing business … Continue reading

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When Bonus is Considered in Computing Overtime

This article will address a recent controversy regarding when a bonus could be considered when determining the regular rate of pay for employees for purpose of calculating the overtime.  This issue arises more commonly with employees who are improperly classified … Continue reading

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Rights of Illegal and Undocumented Immigrants in Workplace

This article will address the rights of undocumented and illegal immigrants in work place.  Contrary to widespread misconception, illegal and undocumented aliens in California are protected from unfair and illegal practices in the work place. The issue of undocumented immigrants … Continue reading

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An Employer must pay for all overtime, including unauthorized overtime

California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to an including 12 hours in … Continue reading

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Overtime – General Overview

An employer may dictate the employee’s work schedule and hours and legally require the employee work overtime.  The employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime. The general overtime provisions … Continue reading

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What is the “regular rate of pay,” and how is it determined

This article will address the manner of calculating the regular rate of pay and overtime compensation for employees.  Under the labor code any hours in excess of 8 hours in one work day and 40 hours in one work week … Continue reading

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SHIFTING THE BALANCE OF POWER: MEAL AND REST PERIOD CLAIMS NOT AMENABLE TO CLASS TREATMENT

This article will shed the light on some of the most recent developments regarding California interpretation of employer’s duty to provide employees mandated meal and rest breaks under California Labor Code section 512 and Title 8, California Code of Regulations … Continue reading

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