By Calvin House | Published August 12, 2012 | Posted in Uncategorized |
Search Site
Author Archive
Calvin House
Joint Employment
As we have pointed out in previous posts (One Worker, Two Related Employers, Who Is The (An) Employer), there may be more than one person involved on the employer side of an employment relationship. If each of those persons has enough control, a joint employment relationship may be created. Here, we examine the concept in the Read More
Read MoreExemptions from Wage and Hour Requirements: Highly Compensated
The U.S. Department of Labor’s regulations include an exemption for highly compensated employees. Because California law does not contain a similar exemption, the exemption is only relevant for California employers in the rare circumstance where an employee is exempt under California law, but not under the federal Fair Labor Standards Act. The exemption is found Read More
Read MoreExemptions from Wage and Hour Requirements: Commissioned Employees
Federal and state wage and hour laws both exempt certain employees who earn commissions from their overtime requirements. The Fair Labor Standards Act contains the following exemption: “No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable Read More
Read MoreExemptions from Wage and Hour Requirements: Professional
Although both federal and state law exempt professional employees from the wage and hour laws, the application of the exemption to some employees differs. The exemption under the federal Fair Labor Standards Act is for an employee (1) who is compensated on a salary or fee basis at a rate of not less than $455 Read More
Read MoreExemptions from Wage and Hour Requirements: Administrative Employees
The federal and state exemptions for administrative employees are phrased similarly, but may differ in their application to particular jobs. The federal standard appears in 29 CFR section 541.200, which provides that an administrative employee is one (1) who is paid a salary of at least $455 per week, (2) whose primary duty is the performance of Read More
Read MoreExemptions from Wage and Hour Requirements: Executive
Both California and federal law recognize an exemption for employees in executive positions. The elements of the exemption are substantially the same. Both standards require that the employee be paid on a salary basis, as discussed in an earlier post. The federal definition appears in the Department of Labor’s regulations at 29 CFR section 541.100. Under that Read More
Read MoreExemptions from Wage and Hour Requirements: Salary Basis
Three of the exemptions that we will discuss in upcoming posts (executive, administrative and professional) require that the employee be paid on a salary basis. This post will help you understand that critical concept. Both federal and state law have the same general definition of what it means to be paid a salary. The employee Read More
Read MoreExemptions from Wage and Hour Requirements: Outside Salespersons
The Supreme Court’s recent decision provides a good jumping off point for the next in our series of posts about the exemptions from wage and hour rules–outside sales persons. The case before the Supreme Court dealt with representatives for pharmaceutical companies who visited physicians to promote sales of their employers’ products. Their job was to Read More
Read MoreExemptions from Wage and Hour Requirements: Family Members
A few weeks ago, we took a cursory look at how California’s exemptions from the wage and hour law differ from the federal ones. Today, we begin a multi-part series that will look at each of the exemptions available under state and federal law in depth. We start with the exemption for family members: Federal The Read More
Read MoreThe Importance of Harassment Prevention Training
Sexual harassment claims continue to cost employers hundreds of thousands, if not millions, of dollars in settlements and verdicts. Even innocent-seeming repartee among fellow employees can pose big risks. Recently, an off-work incident at a manager’s ranch led a school district to offer an employee $200,000 plus lifetime medical benefits in settlement of his claim. Proper Read More
Read More