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Category: Employment Law

Exceptions to the California Daily Overtime Laws

Daily overtime

California labor laws are a little different from federal labor laws. For example, California has daily overtime laws in addition to weekly overtime. So even if employees’ weekly hours don’t exceed 40, they will get overtime pay after 8 hours of work in a single day. This law protects employees from overwork. This is an important protection, but sometimes working longer daily shifts is just convenient. Some employees prefer working four 10 hour shifts, for example, instead of five 8 hour shifts.

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The ABC Test for Independent Contractors Is Not a Federal Rule

independent contractors abc test checklist

The California Supreme Court recently ruled on a change to the test that a hiring entity must use in order to determine if a worker is an independent contractor or not. It’s a much stricter and, as a result, clearer test than what existed before or which exists now with the Department of Labor. Worker classification is notoriously nebulous. Now in California, with the independent contractors ABC test, the definition is much easier to interpret.

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DOL Opinion Letter On Travel Time Compensability

legal writing

The FLSA is a set of federal laws regarding minimum wage, overtime, and other important workplace practices. The rules aren’t always easy to understand, however, and sometimes they get misinterpreted by business owners and even by the courts. (As an example, the supreme court recently had to step in and give the final word on a type of overtime exemption.) This is why the Department of Labor has provided opinion letters to help clarify some of the more confusing scenarios.

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Supreme Court Ruling Rejects Narrow Construction in Overtime Exemption Cases

Narrow construction overtime exception

While the April 2nd Supreme Court ruling may only apply to a very small segment of workers and probably only affects a single wage and hour lawsuit currently, this departure from the longstanding approach at interpreting overtime exemption will likely have broader implications and affect more workers in the future.

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DOL’s Wage & Hour Violation Self Reporting Program

Talking through a problem

On March 6, 2018 the Department of Labor launched a pilot program allowing employers to audit their own pay practices and catch and report their own wage and hour mistakes. It’s called the¬†Payroll Audit Independent Determination (PAID) Program and will operate for six months as a pilot program.

Prior to now, wage and hour mistakes would land employers in court where they would have to pay court and lawyer fees, back wages, and liquidated damages. With the PAID program, if mistakes are caught independently and in good faith, employers can avoid the extra costs and simply pay employees back for the mistakes made.

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