Tag: Labor Commissioner

Wage And Hour: Managers Can Be Personally Liable For Unpaid Wages

As the economy continues to slide, some employers try almost anything in a struggle to avoid closing up shop. But if a shutdown or bankruptcy does occur, they risk not being able to cut final paychecks. Now a new and timely opinion letter from the California Department of Labor Standards Enforcement, the Labor Commissioner’s enforcement […]

News Notes: Labor Commissioner Clarifies Wage Protection For Undocumented Workers

Seeking to clear up confusion arising from the Supreme Court’s recent ruling that undocumented workers who are victims of unfair labor practices aren’t entitled to recover back pay, the California Department of Industrial Relations has released a statement clarifying its wage enforcement policy. The department’s position is that all California workers—whether or not they’re legally […]

News Notes: Employer Never ‘Paid’ Employee Whose Paycheck Was Illegally Intercepted

  Felix C. Villafuerte complained to the Labor Commissioner that Pasadena-based Inter-Con Security Systems Inc. never paid him his final wages when he quit. Inter-Con claimed it had mailed a final paycheck to Villafuerte but that an unknown person had illegally intercepted and cashed it by forging Villafuerte’s signature. A California Court of Appeal now […]

Parental Rights In The Workplace: You Now Must Provide Accommodations For Nursing Mothers

All employers, including state and local government agencies, will have to accommodate nursing mothers’ needs at work under a new law Gov. Davis has signed. A.B. 1025 takes effect Jan. 1, 2002. Meeting Breastfeeding Workers’ Needs Under this new measure, you must provide a reasonable amount of break time to accommodate an employee who desires […]

Exempt Employees: Court Clarifies That Employers Have No Recourse To Correct Errors If They Have An Actual Practice Of Pay Docking

Docking an exempt employee’s salary is fraught with risk. If your policy is to dock for disciplinary infractions or you improperly dock on a consistent basis, you lose the opportunity to correct illegal deductions—and run the risk of forfeiting exempt status for all workers covered by the policy. A new Ninth Circuit Court of Appeals […]

News Notes: Alternative Workweek Reporting Requirements Announced

The Industrial Welfare Commission has clarified how to report alternative workweek election results under California’s new overtime law. Within 30 days of the election, you should send in your company name, the date of the election, the final election counts, the alternative workweek schedule adopted or repealed, and a statement of compliance. This statement can […]

News Notes: Court Says Restaurant Can Deduct Credit Card Service Fees From Tips

California law forbids employers from taking any part of an employee’s tips. But a trial court has decided this rule didn’t prevent The Castaway restaurant in Burbank from withholding a portion of waiters’ tips that were paid with credit cards to help defray charge card transaction fees the restaurant had to pay. The state Labor […]

Wage Setoffs: Employer Sued For Firing Worker Who Objected To Paycheck Deduction; When You Can And Can’t Dock Wages

If an employee breaks or loses a valuable piece of equipment, or a worker owes you money from a loan, you may be tempted to make a deduction from the person’s next paycheck. But you need to act cautiously because there are strict rules governing exactly when you can and can’t take money out of […]