Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation should be performed, determining an employee’s overtime pay rate can be a very complicated task. We provide an overview of some regular rate basics
Continue Reading Regular Rate Refresh: Calculating Overtime for California Employees

Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with California law, as even trivial, inadvertent failures to do so can lead to heavy penalties. We highlight here the information to include on wage statements while pointing
Continue Reading Not As You Wish: Wage Statement Law’s Pit of Despair

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

Seyfarth Synopsis: A court has temporarily suspended the deadline for employers to elect the statutory “safe harbor” for purposes of complying with recent legislation that makes it even more difficult for employers that pay with a piece rate rather than an hourly rate for any portion of an employee’s work.  

As we previously reported, the California Legislature’s enactment
Continue Reading Court Enjoins Enforcement of “Safe Harbor” Deadline for Piece Rate Law

As 2015 drew to a close, the DLSE issued several publications regarding California’s new piece-rate legislation, AB 1513, reminding California employers that it is now even more difficult to pay employees on a piece-rate basis.

As we previously blogged here, AB 1513 added Section 226.2 to the Labor Code, effective January 1, 2016. This new law imposes significant new
Continue Reading No Peace for Piece Rate Employers

The California Legislature seems intent on ending piece-rate pay as we have known it. A law effective January 1, 2016, goes beyond the previously discussed Bluford and Gonzalez decisions to mandate that employees who earn piece-rate wages be paid a special, separate rate for rest and recovery periods, as well as for all “other non-productive time.” Further, that rate will
Continue Reading Piece Rate in a Pickle: California Gets More Peculiar Still

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor Brown’s final cut, and some practical tips for California employers to prepare themselves for compliance with these new California peculiarities.

SIGNED BY
Continue Reading 2015 California Labor and Employment Legislation Update: It’s Final!

California State Capitol in Sacramento

The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to sign or veto the bills. Below is a summary of those before him for consideration, as well as some significant bills he has already signed or that
Continue Reading 2015 California Labor and Employment Legislation Update: The End (of Session) Is Near…

Update:  In April we reported on a California appellate court decision, Gonzales v. Downtown LA Motors, which held that an employer paying on a piece-rate basis must pay a separate “hourly” rate for time spent waiting between compensable piece-rate tasks.  The California Supreme Court recently denied review in Gonzalez v. Downtown LA Motors.  If you are wondering what
Continue Reading Update — California Courts: a Piece of Work?

If you are employing piece-rate employees who don’t get paid for downtime, California Courts have just given you a piece of their minds. 

In Gonzalez v. Downtown LA Motors, a group of car repair technicians who were paid on a piece-rate basis brought a class action to recover unpaid minimum wages for the time they spent waiting between repairs. 
Continue Reading California Courts: a Piece of Work?