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
Continue Reading Beat the Summer Heat: Vacation, Heat-Related Illness, Company-Sponsored Events
Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some background and a brief catalog of stark contrasts.
In 1846, American settlers in Mexican Alta California staged the Bear Flag Revolt. They declared an independent republic, seeking freedom from
Continue Reading Picking a Fight: How California Makes Employment Law Peculiar
CASE HAS BEEN OVERTURNED – turn to this post for current information.
We normally write about how California law differs from American law generally. Today, though, we highlight a recent California case that rejected the notion that California law should deviate from analogous federal wage and hour law. That case is Alvarado v. Dart Container Corp. of California. More
Continue Reading The California Regular Rate Of Pay: Not So Peculiar
It is a fairly common practice for companies to have non-exempt employees available by phone at the drop of a hat to respond to emergencies and other unexpected business needs. Yet, if the employee doesn’t actually respond to any phone calls or do anything during that time period, is the company still required to pay them for the mere possibility that their services may at some point be needed?
Any time during which employees are subject to control by the company may be “hours worked,” even though the employees don’t actually perform any work and possibly even if they are able to spend the time doing whatever they choose.
So how do companies know if the employee is under their “control” during on-call/standby time? Like many other areas of California employment law, whether the answer to this question is yes or no turns on the employee’s specific situation.
There have to be some general rules, right? Non-exempt employees may be on-call during unscheduled work hours to respond to calls for help from work. On-call time can be either controlled or uncontrolled, depending on how restricted the employee is in being able to utilize the time for personal pursuits.
To be controlled or uncontrolled: That is the question. Of course, because this is California, there is no hard and fast rule about how many times an employee’s day or evening must be interrupted or for how long that interruption can last before all of the on-call time (not just the time the employee spent dealing with the interruption) rolls into the controlled category as opposed to uncontrolled. Factors that are considered include:
Continue Reading On Call vs. On Duty: I’m About to Lose Control and I Think I Like It!
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
Continue Reading It’s Not All Egg Nog and Candy Canes: Filling Employers’ Stockings with Seven Things They Need To Know About Holiday Pay
