Tag: California Labor Commissioner

Leave Banks: Can We Deduct Partial-Day Absences from Exempt Employees’ Leave Banks?

We seem to have come across a conflict related to exempt employee leave banks. We want to deduct from our exempt employees’ leave banks for partial-day absences. We understand that the California Labor Commissioner has indicated that accrued leave time may not be used to replace salary for partial-day absences. However, I see that a […]

Avoiding Retaliation Lawsuits: Jury Awards $2.7 Million To Salesman Who Was Fired After Filing Labor Commissioner Pay Claim

Mark Ramijak worked as an account executive for FileNet Corp. in Costa Mesa, a company that sells and services document management software. He claimed that FileNet owed him about $200,000 in commissions and bonus payments from sales he had made of software and maintenance service contracts—and he eventually took his pay gripe to the California […]

Exempt Employees: Labor Commissioner Won’t Follow Federal Docking Rules, Issues Strict New California Standard

Under federal wage and hour law, employees must be paid a predetermined salary to qualify as exempt from overtime. And there are strict guidelines on when salary docking can jeopardize exempt status. When overhauling state wage and hour laws in 2000 with the passage of A.B. 60, California for the first time adopted similar salary […]

Hiring Summer Interns And Volunteers: It’s More Complicated Than Most Employers Think; How To Keep From Getting Burned

Now that summer is here, students are looking for hands-on work experience and are often willing to work as a volunteer or intern for no pay. But many employers are not up to speed on the strict state and federal guidelines regarding who is legally considered an employee entitled to be paid at least minimum […]

Sexual Orientation Claims: Gay Worker Charges He Was Forced To Quit; How To Keep Harassment Problems From Mushrooming

You may think an employee who hands in their resignation can’t hold you legally responsible for their decision to quit. But a worker who claims their working conditions were intolerable can try to turn a resignation into a lawsuit for “constructive discharge.” As a new ruling involving sexual orientation bias demonstrates, you can avoid being […]