Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation presumption—became effective immediately upon signing. Others—such as an expansion of CFRA and other leave rights, an EEO-1-like annual pay data report, and (believe it
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Seyfarth Synopsis: California Labor Code § 221 states it is “unlawful for any employer to collect or receive from an employee any part of wages … paid … to said employee.” In other words, employers cannot just take money back to correct an overpayment of wages. But what if you discover you’ve accidentally overpaid an employee?
It’s not a back
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ComMISSION Impossible: The Pitfalls of California Commission Agreements
Seyfarth Synopsis: There are many different ways to pay employees in California. What is the scoop behind paying commissions? What are commission agreements and how have courts deciphered their coded mysteries? Read on for the most current intelligence from the SIA (Seyfarth Intelligence Agency).
Rogue Nation: The Rough Terrain Surrounding Commissions
What are commissions? Labor Code Section 204.1 defines a
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Beat the Summer Heat: Vacation, Heat-Related Illness, Company-Sponsored Events
Seyfarth Synopsis: Summer is just getting started, and with it come special circumstances California employers should keep in mind. Vacations, hot weather, and company-sponsored events are among the summertime activities that raise employment issues. Here are some tips to beat the heat this summer.
Vacations
The kids are out of school and employees are ready to hit the road. Here’s
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Till Death Do You Part—Wages Of The Dearly Departed
When an employee dies, employers ask, “Who gets the employee’s wages, and how do I pay them without getting into trouble?” While employers might be tempted to consult the California Labor Code (see discussion of payment of wages to a terminated employee here), under certain circumstances, paying wages earned by a deceased employee is governed by the California Probate
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Corollary (and Coronary?) Ramifications Of the 2016 Minimum Wage Increase
The $10 state-wide minimum wage that hits us on January 1, 2016, will complicate things even more than the last increase.
We previously reported here and here on the two-step legislation aimed to increase minimum wage from $8 to $10 by way of two $1 incremental raises. The first $1 increase took effect July 1, 2014. Now it’s time for
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California Gender Pay Equality Bill To Be Strictest In Nation?
Representing what media observers call the nation’s most aggressive attempt yet to close the salary gap between men and women, SB 358 would substantially broaden California gender pay differential law. Since the bill landed on his desk September 1, all eyes have been on Governor Jerry Brown. Though aide Nancy McFadden tweeted on Women’s Equality Day (August 26) that “@JerryBrownGov
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Time to Revisit Your Pay Stubs?
By Nicholas Clements and Kerry Friedrichs
Well-intended employers often lament the various gotchas that await them down the dark and winding road that is the California Labor Code. Perhaps no turn in the road is more treacherous than the one at Wage Statement Junction. Here one crosses at extreme peril, for the California Legislature, in Labor Code section 226, has planted legal land mines that can blow up at the slightest provocation.
A Common Sense Question With a Less-Than-Intuitive Answer: “Can’t I avoid hazards if I just pay them the right amounts and on time?” Sadly, no, there’s much more to it. Labor Code section 226(a) lays out a long list of other requirements, some more sensible than others.
Not so Simple. Timely paychecks must be accompanied by a “simple” wage statement at least semi-monthly, and the wage statement must include nine distinct pieces of information for each employee:
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It’s Not All Egg Nog and Candy Canes: Filling Employers’ Stockings with Seven Things They Need To Know About Holiday Pay
By Aaron Lubeley and Candace Bertoldi
With the holiday season in full swing, there’s a lot of buzz (and confusion) around holiday work and pay requirements in California. Employers often like to be more generous this time of year but many simply are misinformed as to what they must do. Here are seven tips about holiday pay that every employer
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California Department of Labor Standards Ratchets Up Enforcement Activity
The California DLSE has been busy! Following the May release of A Report on the State of The Division of Labor Standards Enforcement by Labor Commissioner, Julie A. Su, the DLSE issued a press release highlighting “record-breaking results for labor law enforcement in California.” The news is that, in 2012, the field investigators assessed 462% more in minimum wages and
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