Law Offices of Louis Spitters

Wage & Hour Laws Archives

Understanding employment classification: exempt vs. nonexempt

There are distinct differences between exempt and nonexempt employees. The federal Fair Labor Standards Act governs most of the workers in California and determines if employees are entitled to be paid according to minimum wage standards, including overtime pay, or whether they should be paid salaries. Workers who have concerns about employment misclassification and its affect on their pay checks may be interested in the difference between the two classifications.

The future for California farmworkers includes overtime pay

The end of the 2015-2016 legislative session has seen new employment laws signed by California’s Governor Jerry Brown. One promises overtime pay to farmworkers beginning in 2019. Between 2019 and 2022, the measure will be phased into industrial and larger farming operations. Smaller farms will have until 2025 to implement the overtime rule.

Significant win for fast food workers in employment compensation

The majority of fast food restaurants in California and elsewhere in the country are operated as franchises. In this business arrangement, a contract is made between the parent company and a franchisee, which generally requires that the franchisee pay a fixed, up-front cost and a continual percentage of sales. Typically, the franchisee is responsible for day-to-day business decisions, including the amount paid for employment compensation. However, a recent district court ruling may set a legal precedent that allows workers to file actions against a parent company if they do not feel their wages are paid appropriately.

New bill could raise employment compensation for 4.2M in U.S

Recently, the Obama administration passed a significant wage law that could benefit up to 4.2 million Americans, including approximately 146,000 workers in California. Supporters hail this as a victory for the average middle class worker. However, those opposed to the legislation believe that employers will start adjusting their employment compensation levels or taking other steps in order to avoid having to pay the new overtime premiums. Should this happen, the law could ultimately hurt the very people it was intended to help.

HR company told to follow employment laws like everyone else

TriNet Human Resources Corp. is a human resources consulting company based here in California. It offers services to employers such as payroll processing, employment law compliance and employee benefits to small and medium sized companies. Recently, the Wage and Hour Division of the U.S. Department of Labor announced that the company should follow the overtime payment laws just as they advise their clients to do.

Class action employment lawsuits against Uber settled

Many California residents make their living driving for Uber. Some of them might be part of one of the two class action lawsuits filed against the ride-hailing company regarding the employment status of its drivers. Since both cases recently settled, they might receive a portion of the approximately $100 million the company has agreed to pay in order to avoid any changes in its current business model, which regards drivers as contractors and not employees.

Zillow faces class-action lawsuit for non-payment of overtime

It is not uncommon for California businesses to face busy periods that may require employees to work some extra hours. However, if any of these hours should result in overtime, they should be paid as such and failure to do so may rightfully result in payment disputes by shortchanged employees. Popular real estate website Zillow has been accused by one of its employees of not paying overtime and other labor violations.

Paramount and others accused of not giving payment for overtime

In California or elsewhere, working for a movie production company may seem like a dream job that offers the opportunity to hang out the stars. However, production assistants working for Paramount Pictures, Regency Films, Nickelodeon and other companies claim that the job is not the least big glamorous and sometimes outright disgusting. They are accusing the production companies of not giving them payment for overtime and of forcing the workers to endure extreme conditions to stay on the set.

Funeral home attendant seeks payment for unpaid overtime

One of the main responsibilities of California businesses is to ensure that their employees are compensated properly. Even though it can become expensive, workers who are required to work overtime should receive proper payment. Companies that try to cut payroll costs by engaging in wage theft should not be surprised if their workers sue them for any unpaid wages. Recently an out-of-state man faced a similar issue and filed a lawsuit against his employer in a federal court.

Detective agency may owe payment of nearly $1M to employees

The Case Detective Agency in California is being accused of violating several wage and hour laws. One of the former security guards has filed a class-action lawsuit against the company, claiming that the company sometimes offered him payment in cash. Additionally, he asserts he was missing out on overtime and did not receive appropriate pay documentation. The case against the agency has been filed in a Superior Court.

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