Tag: DLSE

Don’t Become the Next Wage/Hour Target

As more and more employers get slapped with wage and hour lawsuits that often challenge exempt classification, it’s becoming critical for employers to take a close look at their own operations and policies to determine what they can do to keep from becoming the next target. Below are some audit tips from attorney Kurt A. […]

Can a Single Employee Elect an Alternative Work Week?

We are an employer with fewer than 10 employees. Can a single employee elect an alternative work week? If she does, can she work weeks that look like this?: M-10, T-3, W-5, Th-8, F-4, Sa-10 First, the alternative work week rules apply to all California employers regardless of the size of the company, although there […]

From the CEA Mailbag: Paying Employees for On-Call Time

The best questions always come from our CEA subscribers—the ones toiling away in the HR trenches. During each month we’ll reprint some of the questions they’ve put to our editors, and the answers we’ve provided. Here’s one that many employers have wondered about:  What are the pay requirements when a non-exempt employee is on-call by […]

California Supreme Court Will Review Brinker Meal and Rest Period Case; 4 Tips to Avoid Problems in the Meantime

The California Supreme Court has granted review of the recent Brinker Restaurant Corp. decision. In that case, a California appeals court ruled, among other things, that an employer’s obligation to “provide” meal and rest breaks means that the employer must make the break available and not impede, discourage, or dissuade employees from taking it. Employers, […]

Car Washes Cleaned Out for $350K in Labor Violations

The DLSE has issued 47 citations for a grand total of $356,200 to car wash businesses in Los Angeles and Orange counties. The citations stemmed from a two-day enforcement sweep in which DLSE investigators visited 72 car washes in those counties and found violations that included employing minors without proper work permits, not providing itemized […]

DSLE Manual Quickly Updated to Reflect Brinker

Just days after a California appeals court issued the Brinker Restaurant Corp. ruling on meal and rest periods (see our story on the new case on p. 1), the California Division of Labor Standards Enforcement (DLSE) updated its Enforcement Policies and Interpretations Manual to reflect the new legal interpretations the court provided. It remains to […]

Starbucks Baristas Win $100 Million for Tip-Pooling Violations

A San Diego judge has ordered Starbucks Corp. to pay its California coffee baristas a caffeine-jolting $100 million in back tips and interest, after finding that the coffee chain violated California wage and hour law by allowing shift supervisors to share in employee tips. The lawsuit was filed as a class action in 2004 by […]

Rest Breaks: How Do We Handle Complaints About Smokers’ Breaks?

We’re a small company and we’ve been fairly lenient with rest breaks. We assumed that employees would take a 10-minute rest break in the morning and again in the afternoon, but we haven’t policed exactly how long people take their breaks. We’ve also just let smokers step outside for cigarette breaks without tracking how often […]