Wage & Hour Archives - Vision Law®

Countless California employers unwittingly set themselves up for Wage and Hour lawsuits – even class actions – on a daily basis. Understanding employee / independent contractor classifications, classifying workers as “exempt” vs. “non-exempt”, applying state and federal overtime rules, rest and meal period violations, using comp time and other time-keeping issues are all critical watch points. Mistakes here cost companies like yours enormous sums of money when class action suits are filed. You are well-advised to consult employment lawyers to minimize these risks and aggressively defend resulting lawsuits.

Variable Hourly Rate Incentive Compensation – Finally A Silver Lining for California Employers

By Scott Shibayama, Esq. • October 18, 2018

Since 2012, California businesses have been hammered by adverse compensation rulings. Incentive compensation plans have been under fire. It seems the California legislature (and courts) think everyone should be paid solely on an hourly basis.
Finally California employers have an court opinion that supports incentive-based compensation. But first the background.
California Minimum Wage Obligations/Challenges to Same.
California law says, “Every employer shall pay …

Category: Wage & Hour

Pay Hourly Employees To The Second

By Scott Shibayama, Esq. • August 27, 2018

Or round up to the nearest minute, lest one of your employees claims you failed to pay them for all hours worked.
I’ve been preaching for a while that employers should get an electronic time keeping system and pay non-exempt employees to the minute. Based on the recent California Supreme Court ruling (Troester v. Starbucks Corp.) California employers would be wise …

Category: Exempt v. Non-Exempt, Wage & Hour

New Employer Laws 2018: After Two Quiet Years, California State Legislators Hammer Job Creators (Employers)

By Scott Shibayama, Esq. • November 13, 2017

Summary:

LC 1182.12 Reminder CA Minimum Wage Goes Up January 1, 2018
Time To Redo Your Job Applications

AB 168 California Employers Cannot Ask for Salary Information or Rely On Salary Info In Hiring Decision or Salary Decision
AB 1008 California Employers Cannot Ask For Any Conviction History On Application

SB 63 California Employers With 20+ Employees Must Allow Parental Leave
SB 450 California Employers Now …

Category: New Laws, Wage & Hour

2016 California Minimum Wage Increase – Give Your Exempt Employees a Raise, Again!

By Scott Shibayama, Esq. • December 28, 2015

California’s minimum wage rises to $10 per hour starting January 1, 2016. Once again, California employers must gear up for pay raises, not just for employees paid on an hourly basis at minimum wage, but also for exempt employees. We explained why this is the case two years ago when California’s minimum wage last rose. The lesson is important, so we’ll adjust the …

Category: Exempt v. Non-Exempt, Minimum Wage, Wage & Hour

“Piece Rate” Employers: Use Your New Affirmative Defense!

By Scott Shibayama, Esq. • December 28, 2015

In California, piece rate compensation plans have been on the chopping block since 2013. That’s when two California courts ruled that piece-rate employers had to separately pay employees for rest and recovery periods and “nonproductive” time. Back then we wrote those decisions put the “nail in the coffin” for piece rate compensation in California.
Those 2013 decisions also opened the flood gates for class …

Category: Rest and Meal Periods, Wage & Hour

Lodging Credit Against Minimum Wage for Apartment or Hotel/Motel Employees

By Scott Shibayama, Esq. • July 12, 2014

If you own an apartment or hotel/motel and provide free lodging to your employee(s), pay attention. Otherwise, the rest of you California employers can take a breather.
A common practice in the apartment/hotel/motel industry is to allow the manager to live in one of your apartments or hotel/motel room rent free. Also common is the belief this “free rent” is part …

Category: Minimum Wage, Wage & Hour

Avoid “Off The Clock” Claims Through Written Policies

By Scott Shibayama, Esq. • July 11, 2014

An “off the clock” claim occurs when the employee claims more time worked that what appears on their daily time record. The time records show one thing but the employee claims they worked more hours. Sometimes those “off the clock” hours result in an overtime claim.

Category: Class Actions, Collective & Other Representative Actions, Exempt v. Non-Exempt, Overtime

Eliminate Employee Class Actions Through Binding Arbitration

By Scott Shibayama, Esq. • July 6, 2014

The California Supreme Court has ruled California employers may avoid employee class action lawsuits through binding arbitration. (Iskanian v. CLS Transportation Los Angeles, LLC, 6/23/2014). This is clearly a big win for all employers, large and small.

Category: Arbitration/Mediation, Class Actions, Collective & Other Representative Actions, Overtime, Rest and Meal Periods, Wage & Hour

Paying A Salary Does Not Make Someone Exempt

By Scott Shibayama, Esq. • April 8, 2014

A common misconception is paying an employee a salary makes them “exempt” from payment of overtime. I bet at least half of you reading this are saying, “what, you mean that’s not the case?”
That’s right, it’s not. While paying a salary is required, there is also a duties test (and other requirements) that has to be met for each of …

Category: Exempt v. Non-Exempt, Wage & Hour

Where No Rest Period Policy = Liability

By Scott Shibayama, Esq. • March 9, 2014

Smart employers know having written employee policies is good business.
But who would have thought the absence of a written policy – when the law does not require one – could create liability for employers? And when that lack of a written policy can result in class action liability it’s best to sit up and take notice.
Common Uniform Policies Under Brinker
In …

Category: Handbooks And Policies, Rest and Meal Periods, Wage & Hour

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The Blog: Wage & Hour

Variable Hourly Rate Incentive Compensation – Finally A Silver Lining for California Employers

Pay Hourly Employees To The Second

New Employer Laws 2018: After Two Quiet Years, California State Legislators Hammer Job Creators (Employers)

2016 California Minimum Wage Increase – Give Your Exempt Employees a Raise, Again!

“Piece Rate” Employers: Use Your New Affirmative Defense!

Lodging Credit Against Minimum Wage for Apartment or Hotel/Motel Employees

Avoid “Off The Clock” Claims Through Written Policies

Eliminate Employee Class Actions Through Binding Arbitration

Paying A Salary Does Not Make Someone Exempt

Where No Rest Period Policy = Liability

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