Calculation of overtime in California differs from other states in regard to what hours count toward the total hours worked in the week, and that’s just the beginning. Even the best HR professionals can find the topic of paying overtime in California perplexing. Questions arise about what exactly...

Yesterday , we looked at a wage/hour lawsuit involving interns who worked on the Oscar-winning film “Black Swan.” Today, the California-specific rules on interns— and an introduction to a can’t-miss event later this year that will get you fully up to speed on all things workplace...

Two former interns recently sued the producer of the Oscar-winning film “Black Swan” for minimum wage and overtime law violations, hitting headlines nationwide. The case is a good illustration of some of the inherent dangers of taking on interns. Although internship programs offer employers...

Yesterday , we looked at some of the federal tests for determining whether a worker is an employee or an independent contractor for wage/hour purposes. What factors does California look at? A Clarification That’s Essentially Meaningless A May 2010 decision by the California Supreme Court clarified...

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. The federal Department of Labor (DOL) is cracking down on classification, and that makes now an excellent time to evaluate...

If you have a nondiscretionary bonus plan that is awarded to nonexempt employees at intervals greater than each week (for example, on a quarterly, semiannual, or annual basis), you are required to retroactively calculate the bonus into the employee’s “regular rate” of pay. You’re...

Yesterday , we gave you the background on a recent court case involving the classification of social workers as exempt. Today, the court’s rationale for concluding that the workers should have been getting overtime pay. Click here for the introduction to the case . Many Academic Paths to Job Qualification...

As seen in yesterday’s CED , the determination of independent contractor status can be tricky. Today: DOL’s top contractor problem spots. The U.S. Department of Labor (DOL) points out the following particular problem areas for employers when it comes to determining whether a worker is an...

A company has an agreement with workers that labels them independent contractors. That means they are, right? These days, the answer is a definite … maybe. These days, organizations frequently try to increase their workforce flexibility and decrease their benefit costs by hiring independent contractors...

It’s a sobering realization, says attorney Kara Shea, that DOL statistics show 73 percent of its investigations result in findings of violations - but you can push the odds in your favor. Shea, who is a member of Miller & Martin, PLLC, made her remarks at BLR’s Advanced Employment Issues...

There’s good news (sort of) and bad news for employers in the outlook for 2012, say attorneys from the Employers Counsel Network . They covered new developments in wage/hour compliance during a presentation at BLR’s Advanced Employment Issues Symposium, held recently in Nashville and Las...

If you have a nondiscretionary bonus plan that is awarded to nonexempt employees at intervals greater than each week (for example, on a quarterly, semiannual or annual basis), you are required to retroactively calculate the bonus into the employee's "regular rate" of pay. You’re also...

Exempt vs. non-exempt: California rules are tricky, to say the least. Many employers mistakenly believe that simply paying a salary (rather than an hourly wage) or bestowing an impressive job title is enough to make an employee exempt from the overtime rules. In fact, only one thing really matters —...

Yesterday , guest columnist Cathleen Yonahara of San Francisco-based Freeland Cooper & Foreman, LLP looked at a recent case involving a split shift. Today, she explains the court's ruling. Court's Ruling Since "work schedule" isn't defined in the statute, the appellate court...

Under California law, employees who work a "split shift" are entitled to one hour's pay at minimum wage in addition to at least the minimum wage for that workday. But what, exactly, is a split shift? Guest columnist Cathleen Yonahara of San Francisco-based Freeland Cooper & Foreman...

In order to prevail in wage/hour lawsuits, says consultant Jonna Contacos-Sawyer, employers must be able to effectively justify their compensation decisions. Contacos-Sawyer recently spoke at the World at Work Total Rewards Conference in San Diego, joined by colleagues Polly Wright and Judith Mickey...

Employers can say "Catch me if you can," but they had better be ready to explain their decisions when the DOL says "I caught you," says consultant Jonna Contacos-Saywer. "There is a dramatic increase in wage and hour lawsuits," says Contacos-Sawyer. At her presentation at...

In yesterday's CED , we covered the first two "Worst Mistakes" your managers are making. Today, #3 on the list — plus an introduction to a webinar next week that can help you solve it. Worst Mistake #3: Basic Wage/Hour Stumbles Employees will tolerate a lot, but start messing with...

Maybe you've heard the old saw about the perfect business being one with no managers, no supervisors, and no employees. Unfortunately, your business isn't perfect — if it is, we'd love to hear about it! — and you have to deal with managers and supervisors who are probably making...

The Golden State. The beaches...the redwoods...the mountains...the %&%&! state-specific employment laws that make your life as an HR professional complicated and stressful. As you well know, wage/hour laws are one of the particular areas in which California law is far more protective of employees...