By Melinda Garcia | Published June 25, 2019 | Posted in Employment Issues, Employment Law | Tagged Tags: California Labor Code, compensable, non-productive time, piece-rate | Comments Off on Don’t Wait Until It’s Too Late to Correct Your Piece-Rate
Don’t Wait Until It’s Too Late to Correct Your Piece-Rate
When compensating employees under a piece-rate structure, employers must be aware of its nuances. Nonproductive Time One of the first compensation requirements for piece-rate, is there must be a separate payment for nonproductive time unless the employee is paid a base minimum wage for all hours worked. If you are asking yourself, “What is nonproductive Read More
Read MoreHave you Received a Notice from the Labor Commissioner About an Employee Suing You?
Many California employers have received a notice of conference from the labor commissioner. This is because California employees or former employees can bring their wage and hour claims before the state’s Division of Labor Standards Enforcement (DLSE). The DLSE enforces California’s labor laws and wage orders. Under the California labor code, the labor commissioner (who Read More
Read MoreWhy Should I Care About The Dynamex Decision?
Many California business owners have used independent contractors in an effort to grow their businesses and keep cost down. Many businesses have used independent contractor arrangements in an effort to “retire” an employee such that the former employee will provide consulting agreements. On April 30, 2018, the California Supreme Court issued its decision in Dynamex Operations Read More
Read MoreHow to respond to a government audit of your employment records
You may have seen the recent headlines about Google – they successful fought a request by the federal government, Office of Federal Contract Compliance Program (“OFCCP”), for the contact information for 25,000 employees! The OFCCP audits federal government contractors to ensure compliance with federal discrimination laws. As a federal government contractor, Google spent $500,000 (for Read More
Read MorePlan for Succession: Exit Strategies for Your Businesses
Entrepreneurs often live and focus on the highs and lows of launching a new business venture. One key aspect that they often forget is that a decision made on day one of the business can have a huge impact on its last day. While building a business worth a fortune is vital, making sure you Read More
Read MoreCalifornia Further Restricts Employers Trying to Enforce Non-Competes
Companies that have headquarters outside of the Golden State typically have employment contracts that purportedly are governed by the substantive law of the state in which the enterprise is headquartered. Even when the company hires workers who live and work in California, the choice of law provision in an employment agreement generally reigned. While this may Read More
Read MoreCalifornia Employers Must Pay Commissioned Employees for Rest Breaks
Earlier this year, a California Court of Appeals held in Vaquero v. Stoneledge Furniture LLC that an employer violated state law by not paying commissioned employees for their rest breaks. Under state law, employees must be provided with paid 10-minute rest breaks for every four hours of work, or fraction thereof. In Vaquero, the employer operated Read More
Read MoreWhat to Do When a Shareholder Dies
When a shareholder of your corporation dies, it can spark a lot of questions, such as who gets his or her remaining shares? If a relative inherits them, can you control to whom they go and that person’s subsequent role within the corporation? Can existing shareholders buy out the deceased shareholder’s shares? At Garcia & Read More
Read MoreRetail Giant Nike Not Immune to California’s Wage and Hour Laws
The most recent lawsuit brought against retail giant Nike proves that no company, no matter how big or small, is immune to California’s labor laws. This past week, Nike was handed a wage and hour lawsuit in California. A former employee is responsible for bringing the suit against the athletic-wear powerhouse. According to Omran Hamid, Read More
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