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Overtime is paid at the employee’s “regular rate of pay”. Some new court decisions and subsequent interpretations have also provided that non-discretionary production bonuses, must be included in an employee’s “regular rate of pay” before figuring overtime payments. The definition of an non-discretionary production bonus is: The employer predetermines the specific criteria that is required […]
On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration agreements. Relying heavily on the text of the Federal Arbitration Act (FAA) and “a congressional command […]
We have been reminding everyone that you only have 24 hours or same day to pay an employee in California if they are fired. In some other states, you can wait until the end of the pay period, but I say, why wait. Get them off your property and off your books so there is […]
Overtime pay in California is based on the employee’s “regular rate of pay,” which is not always an employee’s normal hourly wage and must include almost all forms of pay that the employee receives. Yesterday, the California Supreme Court ruled that an employer must calculate the regular rate of pay by dividing the employee’s total […]
We recently recieved this article from CalChamber and wanted to pass along this information as quickly as we could. Please take necessary steps to avoid problems with these scams. March 5, 2018 Gail Cecchettini Whaley, CalChamber Senior Employment Law Counsel HRWatchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce. (Must have link back […]
Beware: Scammers are getting more sophisticated and posing as Federal officials to steal confidential information. I-9 Scam Employers are receiving emails from a sender claiming to be US Citizenship and Immigration Services and requesting information from the I-9 form. Normally, employers do not share or send this information in to the USCIS. However, the emails […]
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