I don’t know if it’s the time of year or just the state of the world, but I have been receiving increased client calls about employees under the influence at work. I thought I had written a prior article on this, but apparently not. It consequently seemed a good time to address the…
Let’s Talk About Payroll Compliance
Retain copies of all payroll documents, especially before you switch payroll providers – This issue seems to crop up on nearly a daily basis for us. My team and I are responding to demand letters from lawyers, asking for the payroll records for an employee. We are defending wage and hour lawsuits, single employee, class…
The Importance of Manager Training
Two different clients in the span of two days mentioned to me the benefits of increased focus on manager training. They both said that they knew I was an advocate, which of course, I am. But I don’t think I have ever specifically addressed the topic before. Employers, especially corporations and partnerships, are entities. That…
Drop the Concept of “Probationary Period”
The concept of a “probationary period” at the start of employment derives from the Union context, where new employees are given a certain period before they are covered under the Company’s cba (collective bargaining agreement). There, it makes sense. After that probationary period, the Company must start making contributions under the cba, and at the…
Refresher on Meal and Rest Break Compliance in California
Meal and rest break claims are still at the heart of nearly every wage and hour lawsuit – whether it’s a class action, a PAGA suit, or an individual lawsuit or administrative claim. When these lawsuits hit, my clients all assure me that they are “compliant;” yet often, when we dig in, we uncover issues. …
Misclassifying Independent Contractors, As Contracted Labor and Otherwise
The California Labor Commissioner recently cited the Ritz-Carlton Hotel Company LLC and three janitorial contractors more than $2 million for misclassifying 155 janitors as independent contractors at its Half Moon Bay hotel. The citations include $1.9 million in wages and penalties payable to the affected workers. The state found that Ritz-Carlton had hired out…
Revisiting Regular Rate of Pay – How to Calculate it and When to Pay It
Many California Labor Code sections, as well as federal wage and hour law, require that we pay our non-exempt employees based on the REGULAR RATE OF PAY (“RROP”), not the “base pay” or hourly pay that we agree to pay them. For example, overtime (under BOTH federal and state law) must be paid at the…
Proper Documentation Can Help Protect Your Business Against Costly Retaliation Jury Verdicts
Two recent court decisions provide valuable lessons for California employers. The first is a $27 million award in favor of a nurse who raised safety concerns against her employer, Dignity Health, and convinced a Los Angeles jury she was fired in retaliation. The second is an appellate decision invalidating an employer’s arbitration clause based on…
PAGA Reform – One Year Later
I get questions all the time; did the PAGA Reform deliver on providing the changes it promised. The short answer is “maybe.” Every lawyer’s favorite response, right? The truth is, it’s still a little early to even know. In the world of litigation, especially collective action litigation (PAGA and class actions), time moves very slowly. …
The ICE Men Cometh and Remain
In her press conference in Los Angeles last week, Secretary of Homeland Security Kristi Noem reiterated their intent to remain in our city. The federal courts continue to debate President Trump‘s ability to federalize the National Guard and send military personnel to Los Angeles, above the protestations of Governor Newsom. Exceptions to Reporting…