Category: Wage and Hour

  • Do I Have To Pay My Employees in California If They Want to Vote?

    Simple answer is it depends. California Elections Code section 14001 requires employers to post a notice to employees advising them that if necessary, they can take up to two (2) hours of paid time off to vote in a statewide election, if they do not have sufficient time to vote outside of working hours. Polls are […]

  • Implementing A Compliant “Hourly Rate Based” Compensation System In California

    In a recent California appellate court decision, the court upheld a trial court’s judgment in favor of Certified Tire and Service Centers (“Certified Tire”), finding the company’s “hourly rate based” compensation system for its tire technicians complied with California’s wage and hour laws. We wanted to take this time to explain how Certified Tire’s “hourly […]

  • What is California’s “Premium Pay”?

    Many California employers do not understand their legal obligation to pay “premium pay.” An employer’s failure to understand the obligation to pay “premium pay” when owed to an employee, can result in costly litigation pursuant to California’s Private Attorney General Act (“PAGA”).  California Labor Code section 226.7 provides that:  “(a) No employer shall require an […]

  • An Approach To Thinking About Discretionary vs Non-Discretionary Pay In California

    A common question that we are often asked as the holiday season approaches is how must employers treat holiday bonuses, and are such bonuses subject to overtime calculations.  The key questions to determine is whether or not the bonus is a non-discretionary versus discretionary bonus. While California does not have a definite answer as to […]

  • 9th Circuit Revives Landmark Tipping Lawsuit

    The U.S. Court of Appeals for the Ninth Circuit has revived a lawsuit, Alec Marsh v. J. Alexander’s LLC, filed by a group of servers and bartenders that could have major consequences for the restaurant industry in some states under federal law. The lawsuit addresses whether a subminimum wage can be used for non-tipped work, […]