Tag: California Labor Code

Who Can Recoup Attorney’s Fees Under California Wage and Hour Law?

California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.

New law removes ‘alien’ from California Labor Code

by Elizabeth J. Boca A California law taking effect on January 1 removes the word “alien” from the state’s Labor Code. The new law deletes two sections of the Labor Code as a way of modernizing and removing negative connotations in the law. In 1937, the California Legislature enacted various provisions regarding the employment of […]

Checklist for Unpaid Internship Programs

Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. To avoid these unintended consequences, review the checklist below.

Final pay in California: When is it due?

Final pay in California has very strict requirements. It's not as simple as just paying the departing employee on their next scheduled pay date, and there are penalties for getting it wrong. Employers in California need to understand the final pay requirements and understand their obligations, regardless of whether the employee resigns or is terminated. Have a plan in place to get it right to reduce the chance of penalties or lawsuits.

Nonexempt versus exempt employees in California: Q&A

How should a California employer handle an exempt employee who works a partial day? What about exempt employees who do not meet the salary requirements for their exemption? The details around nonexempt versus exempt employees in California can be complex, and getting them wrong can be costly. In a recent CER webinar, Marc L. Jacuzzi […]

If California employer loses employee payroll records, what happens?

What happens if an employer loses their payroll records or other basic employee records in California? Basic records include things like payroll records, employee benefit plans, trusts, collective bargaining agreements, incentive plans, employee contracts, all employee notices, etc. Many laws require maintenance of these basic records. But how long must they be kept? And what […]