As of January 1, 2008, $33,280 per year $2,773.33 per month
Document Number: 77801
Regulation Clearly Places Burden On Employer To Insure Meal Period. The language of Section 11(A) (patterned on Labor Code § 512) provides that “No employer shall employ any person fo r a work period of more than five (5) hours without a meal period of not less than thirty (30) minutes...” The clear intent of the IWC is that the burden of insuring that em ployees take a meal period within the specified time is on the emp loyer; it is the employer’s duty not to “employ any person for a work period o f more than...” It is the employer’s bu rden to compel the worker to cease work during the meal period. The burden is similar to that imposed upon the employer that he or she “shall pay to each employee wages not less than six dollars and seventy-five cents ($6.75) per hour...” The employer must pay the employee the minimum wage and may not defend his or her failure to do so on the fact that the employee chose to accept less than the minimum wage. As with the minimum wage obligation, the employer is not entitled to excuse the fact that he or she employed an employee for a period of more than five hours without a meal period on the failure of the employee to take the meal period. 188.8.131.52 Relationship Between Record-Keeping Requirement And Meal Period. Inasmuch as the employer has an obligation under the record-keeping requirements to track meal periods unless “all work ceases”, the em ployer should know whether or not its employees have tak en the req uired off-duty meal period . Therefore, it gen erally would not be a defense for an employer to assert that it had no knowledge that its employees were working during a meal period. MEAL PERIODS * same under both laws unpaid if relieved of all duties, 30 min * Must record the break for each employee, unless operations cease (e.g. manufacturing plant lunch hour), then can rely on a posted schedule and deduct time for the meal period. * DLSE says EE must be free to leave premises, case law differs * exception - on duty MP * More on meal periods in Part 2
Same issues as meal periods – so could double the figures in previous slides Problem of accounting for rest periods b/c not recorded
RECORDED INFO: * personal info * hour and day workweek starts * total daily hours worked * total daily or weekly straight time earnings * regularly hourly rate when OT * total OT paid * deductions/additions to wages * total wages per pay period * date paid and period covered * basis upon whcih wages are paid (salary, hrly, comsn) RETENTION * at least three years at the place of employment or at a central location within the state * payroll records with above info * employment agreements * sale and purchase records showing total volume * certificates for apprentices, students, minors All other records retained for only 2 years
Unauthorized overtime--employer must pay but can discipline employee
General rules: determine “work day” (presumed midnight to midnight) no pyramiding of hours pay OT pay for greater of daily maximum or weekly maximum each workday separate (e.g., 4 pm-8am=16 hour=no OT) HOLIDAYS, SATURDAYS, OR SUNDAYS treated like hours worked on any other day of the week Regular Rate of Pay issues * FLSA - divide weekly salary by number of hours worked - pay EE salary plus OT @ one-half regular rate - rate will vary based on hours * state - divide salary by fixed number of hours in week - pay EE OT rates (1.5 or 2x) - rate will not vary include all compensation in calculating rate * Exclusion of stock options: Wage and Hour Div. feels that include profits which would be the difference between value when bought and exercised. TOO HARD! therefore enacted Worker Economic Opportunity Act: which permits exclusion of options from computing regular rate under specified circumstances Requires: terms of plan disclosed minimum six months vesting period stock cost employee no more than 15% disc voluntary participation Non-monetary compensation board--include fair market value
Document Number: 77801
Document Number: 77801
There are mandatory contents. See handout at page ___. Sample Notice is provided at Addendum __.
Essential Employment Law Practices: How to Avoid Getting Sued Christopher W. Olmsted, Esq.
7) Curriculum. Any clinical training is part of an educational curriculum.
8) No Benefits. The trainees or students do not receive employee benefits.
9) Generic. The training is general, so as to qualify the trainees or students for work in any similar business, rather than designated specifically for a job with the employer offering the program. In other words, on completion of the program, the trainees or students must not be fully trained to work specifically for only the employer offering the program.
10) Separate Hiring Criteria. The screening process for the program is not the same as for employment, and does not appear to be for that purpose, but involves only criteria relevant for admission to an independent educational program.
11) Clear Ads. Advertisements for the program are couched clearly in terms of education or training, rather than employment, although the employer may indicate that qualified graduates will be considered for employment.
Handbook. E nsure handbook provides that all workers are reimbursed for travel expenses.
Procedures. Implement procedures for employees to claim and receive reimbursement for travel. (e.g. expense form to all workers expected to drive their cars for business reasons). Instruct them to sign and turn in the form each month (regardless of whether actual expenses were incurred).
Training. Train managers and supervisors to collect expense reports or receipts from all employees running errands or otherwise using personal vehicles for company purposes.
Attendance is outside of the employee’s regular working hours ;
Attendance is in fact voluntary (attendance is not voluntary if the employee is led to believe that present working conditions or the continuation of employment would be adversely affected by nonattendance);
The course, lecture, or meeting is not directly related to the employee’s job (training is directly related to an employee’s job if it is designed to make the employee handle his job more effectively as distinguished from training him for another job or to a new or additional skill);
Exception to third criteria : Even if the training is clearly related to an employee’s job, voluntary participation outside of working hours need not be compensated if the course corresponds to courses offered by independent bona fide institutions of learning.
The employee does not perform any productive work during such attendance.