The California Professional Exemption Explained

by Kevin Panahi @ RecoverMyWages.com

Fri Oct 06 11:46:26 PDT 2017

Are you aware of the rules used to classify an employee as an exempt professional under California law? Unlike the more strictly quantitative outside sales exemption salary basis test, California’s professional exemption relies on numerous tests, connected to both job description and salary. It is essential to understand exactly what these standards and tests mean […]

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#Time’s Up? Not Yet, For Harassment Claims

by Lara A. Levine and Tiffany T. Tran @

Wed Feb 28 06:00:56 PST 2018

Seyfarth Synopsis: The California Legislature has introduced a new bipartisan bill, AB 1870, that would give all employees—not just those claiming sexual harassment—three years to file DFEH complaints of unlawful discrimination, instead of the one year provided by current law.

More time to report discrimination

With the #MeToo movement sweeping the nation, California legislators are introducing bills aimed at giving … Continue Reading

California Supreme Court Hears Oral Argument to Define “Independent Contractor”

by Rabia Z. Reed and Ryan McCoy @

Wed Feb 07 12:17:42 PST 2018

Seyfarth Synopsis: The California Supreme Court heard oral arguments yesterday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an independent contractor or an employee. We expect the Supreme Court’s opinion will be significant for any entity using independent contractors in California.

The Story Thus Far

As … Continue Reading

California Break Laws, What Must My Employer Provide?

by Kevin Panahi @ RecoverMyWages.com

Sun Sep 24 08:02:24 PDT 2017

California break laws require that employers provide non-exempt employees with rest periods and meal periods during the workday. These laws have been implemented to prevent employees from working long hours in poor working conditions. They provide that employees are entitled to a 10-minute net rest break for every 4 hours of work (or major fraction […]

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Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?

by Jinouth Vasquez Santos, Jennifer L. Mora, Fritz Smith and Ryan McCoy @

Wed Mar 07 12:27:57 PST 2018

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.

California—already famous (or infamous) as a sanctuary in the immigration area—could soon become a sanctuary for medical marijuana users. A proposed bill would protect medical marijuana users from employment discrimination.

Currently, California employers can deny employment to users of marijuana, even if the use … Continue Reading

Federal Overtime Rule’s Effect on the Hospitality Industry

by Taylor @ California Payroll

Thu Jun 30 10:49:16 PDT 2016

The Fair Labor Standard Act’s new overtime rules will go into effect at the December 1st, 2016. Managing and comparing overtime costs and employee time cards can be particularly difficult when many employees work non-traditional hours such as early morning, late night and graveyard shifts, typical in the hospitality industry. This federal law will affect Read More

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Computer Professional Exemption – A California Guide For Employees

by Kevin Panahi @ RecoverMyWages.com

Sun Oct 22 17:07:49 PDT 2017

Depending on the circumstances, computer programmers, computer systems analyst, software engineers, and other similarly skilled workers can be exempt from overtime under California law as well as the Federal Fair Labor Standards Act (“FLSA”). Applicability of the computer professional exemption for California employees is determined by a narrow test that examines: (1) the level of […]

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California Employers Beware: W-2 Phishing Scams Skyrocket During Tax Season

by Jennifer L. Mora @

Wed Feb 14 06:00:06 PST 2018

Seyfarth Synopsis: Employers have been scammed into sending sensitive W-2 information to malicious third parties. This article outlines the key steps California employers must immediately take if subject to this unfortunate event.

In 2003, California became the first state to enact a data breach notification law: the California Data Protection Act. Since then, over 30 states have enacted similar statutes … Continue Reading

Recent Pay Equity Cases Show That Such Cases Are Ill-Suited For Class Treatment

by Jeffrey Wortman and Maria Papasevastos @

Mon Feb 05 11:32:09 PST 2018

We’re pleased to share a thoughtful look at whether lawsuits alleging illegal pay disparities under California law are suitable as class actions. This post, recently featured on Seyfarth’s Pay Equity Issues & Insights Blog, provides some compelling reasons to argue that they’re not.     

Seyfarth Synopsis: Over the past few years we have seen groundbreaking changes to equal pay laws across … Continue Reading

California Labor Board Complaint – How To File

by Kevin Panahi @ RecoverMyWages.com

Tue Aug 01 17:12:44 PDT 2017

Workers frequently encounter wage and hour violations in the workplace but are often too intimidated to pursue a claim against their employers in civil court. Time constraints, expenses, the potential for verbal confrontation, and the adversarial nature of litigation discourages most workers. Fortunately, there is an alternative! Instead of filing a civil action seeking judicial […]

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Are Unpaid Internships Legal in California? A Law Guide for Interns

by Kevin Panahi @ RecoverMyWages.com

Fri Oct 13 11:03:17 PDT 2017

Unpaid Internships in California have seen a steady increase over the years. It’s easy to see why – internships give students and other young adults a way to obtain real-time, hands-on experience in fields they hope to pursue. They also offer large companies a nearly endless source of free labor to stock their offices with. […]

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Our Ear in the Crowd: FEHC Hears Comments on New Regulations

by Rabia Z. Reed and Colleen Regan @

Wed Jan 31 12:12:35 PST 2018

Seyfarth Synopsis: The Fair Employment and Housing Council issues regulations to implement California’s employment and housing anti-discrimination laws, including the FEHA, the CFRA, and the Unruh and Ralph Civil Rights Acts. The FEHC also conducts inquiries and holds hearings on various civil rights issues. The latest FEHC meeting was held on December 11, 2017. Our own correspondent was there, and … Continue Reading

2018 California Legislative Update: It’s Spring! What Bills Have Sprung?

by Kristina M. Launey, Walter Mullon and Melissa Aristizabal @

Thu Mar 22 10:26:29 PDT 2018

Seyfarth Synopsis: Dominating this spring’s planting of proposed employment-related legislation are bills aimed at ending sexual harassment and promoting gender equity. Among the secondary crops are bills regarding accommodation, leave, criminal history, and wage and hour law. It threatens to be another bitter fall harvest for California’s employer community.

California legislators stormed into the second half of the 2017-18 legislative … Continue Reading

July 1, 2017 – New minimum wages, including Emeryville, Los Angeles

by Taylor @ California Payroll

Sat Jul 01 10:06:16 PDT 2017

According to the city of Emeryville website, “The minimum wage rate will be $14.00 per hour for Small Businesses and $15.20 per hour for Large Businesses, effective July 1, 2017. These rates will increase annually with Large Business minimum wage rates adjusting annually for inflation every July 1 based on the annual increase in the local consumer Read More

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Federal Salary Minimum Threshold Placed on Hold

by Taylor @ California Payroll

Mon Nov 28 07:48:19 PST 2016

Federal Salary Minimum Threshold Placed on Hold. On November 22nd, a federal judge for the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction on the Department of Labor’s new overtime rules, which were scheduled to take effect December 1, 2016. The judge ruled that the Department of Labor (DOL) likely overstepped Read More

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Social Security Payroll Tax Deduction Rate Increase for 2018

by Taylor @ California Payroll

Wed Nov 01 13:54:56 PDT 2017

Maximum Table Earnings Increase According to the Social Security Administration, for 2018 the Social Security taxable wage base will increase from $127,200 to $128,700 maximum taxable earnings, an increase of $1,500. FICA and Social Security Rates to Remain the Same However, The Federal Insurance Contributions Act (FICA) tax rate of 7.65% will remain the same Read More

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Requesting Your Employment Records & Personnel File (Sample Letter)

by Kevin Panahi @ RecoverMyWages.com

Sat Oct 07 07:40:14 PDT 2017

You may have recently had some suspicions regarding your employer’s human resources practices. You may believe that your employer failed to properly account for the hours you worked, failed to pay you overtime, or terminated you for an unlawful reason. But before you drive down to the California labor board and file a wage claim, […]

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The California Executive Exemption

by Kevin Panahi @ RecoverMyWages.com

Thu Mar 15 09:47:40 PDT 2018

Have you ever wondered why many employers give fancy titles to rank-and-file employees who don’t have high-level duties that correspond with their titles? The answer is simple, employers use these titles to boost morale and make employees feel important without actually paying them salaries that reflect those extravagant titles. You see, California’s Labor Code has […]

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IRS warns of W-2 scam targeting HR and payroll departments

by Taylor @ California Payroll

Mon Feb 13 12:00:19 PST 2017

The IRS and state tax agencies have issued a warning for a W-2 email scam targeting employer HR and payroll departments. Overview – W-2 Email Scam The IRS and state tax agencies are warning employers about an email scam that is making its way across the nation for a second time. The scam uses a Read More

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California Administrative Exemption Guide

by Kevin Panahi @ RecoverMyWages.com

Wed Jan 03 02:48:58 PST 2018

The administrative exemption in California is the most common weapon used by employers to deny employees essential labor rights such as overtime and minimum wages. Most of the time it is properly asserted, but often employees are illegally misclassified, leading to liability and steep penalties for employers. Deadlines (called statutes of limitations) exist for victims […]

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At Will Employment California, Can My Boss Fire Me At Anytime?

by Kevin Panahi @ RecoverMyWages.com

Wed Feb 15 23:09:12 PST 2017

At Will Employment California law provides that your employer can terminate you at any time, for any legal reason, so long as you are not employed under a contract for a specified term. In other words, pursuant to Labor Code section 2922, your employer can fire you at its own will for almost any reason, […]

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New Form I-9 – Deadline January 22nd

by Taylor @ California Payroll

Sun Jan 22 08:08:37 PST 2017

The United States Citizenship and Immigration Services (USCIS) has released a newly revised Employment Verification Form in an effort to reduce errors and enhance form completion using a computer. Form I-9 is used for verifying employment authorization in the US, and is required by federal immigration law for each new employee hired. As part of Read More

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Exempt vs. Non Exempt Employee: A California Law Guide

by Kevin Panahi @ RecoverMyWages.com

Sat Sep 23 08:32:01 PDT 2017

California and Federal labor law provide employees basic rights such as minimum wage, overtime, and meal periods. Unfortunately, many different types of workers are “exempt” from obtaining these rights. Determining if an individual is an exempt employee in California requires a complicated analysis, usually best served by an employment attorney well versed in the law. […]

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A Complete Guide to Gratuity & Tip Laws in California

by Kevin Panahi @ RecoverMyWages.com

Wed Jan 03 03:10:34 PST 2018

Employees in the hospitality industry already have it tough enough dealing with difficult customers who demand the world from them. Having to understand the minefield that is California tip laws is something they probably don’t want to deal with. This is especially the case when faced with disputes over tip skimming with their employers or […]

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New FLSA overtime ruling for exempt employees

by Taylor @ California Payroll

Tue Oct 11 12:15:09 PDT 2016

If you have salaried employees earning less than $47,476 annually after Dec. 1st, those employees will be eligible for OT pay.  Will you be affected? WATCH INTRO Are you aware? On May 18th, 2016, the Department of Labor’s (DOL) final rule updating overtime regulations was announced. The ruling changed the minimum salary exemption threshold to $47,476, which Read More

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How Do I Sue My Employer In California?

by Kevin Panahi @ RecoverMyWages.com

Fri Jul 28 12:15:13 PDT 2017

An unanswered question that frequently pops up in the minds of most disgruntled California workers is simply “How Do I Sue My Employer in California?” The nuts and bolts of litigation can often be an intimidating topic to research, and most workers choose to hire attorneys to represent them. Nevertheless, this post will attempt to […]

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A Guide to Wrongful Termination in California

by Kevin Panahi @ RecoverMyWages.com

Wed Feb 15 18:32:27 PST 2017

Employees often have difficulty understanding what wrongful termination in California is, and distinguishing between a proper and improper firing by their employer. This is often due to the complicated nature of the employment relationship. The following article will guide workers trying to determine if they have actionable claims against their employers. This article is by […]

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California Vacation Law – A Rundown

by Kevin Panahi @ RecoverMyWages.com

Sat Jan 06 13:24:31 PST 2018

Vacation time is an essential benefit needed to prevent exhaustion in employees. It grants them time away from work to clear their head, relax, pursue hobbies, and spend quality time with family and friends. For this reason, it is vital that employees understand the vacation laws in California, and the rules that govern the accrual […]

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Outside Sales Exemption To California Employment Law – A 2018 Guide

by Kevin Panahi @ RecoverMyWages.com

Fri Sep 29 21:31:37 PDT 2017

Are you unsure if California’s outside sales exemption might apply to you and your position? Are you concerned that you may have been misclassified by your employer? Both federal and California laws include several categories of workers which are considered exempt from certain types of fundamental employee rights. One of these classes is that of […]

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2018 California State Minimum Wage Increases

by Taylor @ California Payroll

Thu Nov 02 09:54:30 PDT 2017

On January 1st, 2018, California’s state minimum wage increased for employers. Please note that several localities have also implemented minimum wage rates that differ the state minimum (above). In 2016, bill SB 3 was signed to gradually increase the minimum wage in California to $15 per hour by 2022. The action made California the first state Read More

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Newly Revised Form I-9. Deadline September 18th.

by Taylor @ California Payroll

Mon Jul 17 14:02:19 PDT 2017

The USCIS (United States Citizenship & Immigration Services) released a revised version of Form I-9, Employment Eligibility Verification on July 17. Download instructions are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. September 18th is the Deadline On Sept. 18, employers must Read More

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Tax Identity Theft – Part 2

by Shalina @ 1st Nor Cal® Credit Union | San Francisco Bay Area

Thu Mar 08 08:44:02 PST 2018

This month’s scam comes directly from the U.S. Department of the Treasury. The IRS has identified an existing scam in which cybercriminals have stolen client data from tax professionals and have filed fraudulent refunds using real taxpayer information, including bank account and routing information for direct deposit. What is new is that the fraudster then […]

Maternity Leave in California – A Practical Law Guide (2018)

by Kevin Panahi @ RecoverMyWages.com

Thu Dec 21 17:12:07 PST 2017

You just found out that you are pregnant. Tense thoughts are racing through your head as you frantically decide how you will grapple with your aggressive employer about taking maternity leave in California. A feeling of anxiety sinks in as you ponder about the financial burdens that are in store, the backlog of paperwork on […]

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Reporting California Labor Law Violations

by Kevin Panahi @ RecoverMyWages.com

Fri Aug 18 23:47:54 PDT 2017

Reporting a California Labor Law violation can be a frightening but necessary task for aggrieved workers subjected to wage theft. Sometimes filing a wage claim seeking monetary compensation is not enough because it’s personal. If you are facing a similar scenario, reporting a violation to the Bureau of Field Enforcement (“BOFE”) might be the perfect […]

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2018 California Minimum Wage Table

by Taylor @ California Payroll

Sat Jul 02 14:00:31 PDT 2016

On January 1st, 2018 the minimum wage in the state of California will increased from $10.50 to $11.00 an hour for employers with 26 or more employees. The minimum wage for employers with 25 or less employees will increase to $10.50. There are some employees who are exempt from the minimum wage law, such as outside Read More

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Top Four Overtime Laws To Know In California

by Kevin Panahi @ RecoverMyWages.com

Wed Jan 03 02:09:39 PST 2018

California Overtime laws were historically implemented to put financial pressure on employers to hire additional staff and to protect employees in weak bargaining positions from being overworked. The idea was to dis-incentivize employers by making it costly to task employees with unreasonably long work hours, and instead encourage employers to split the workload among new […]

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Presentation Materials

by Cody Woodruff @ Child Support Services

Mon Mar 13 18:24:36 PDT 2017

Presentations from The Changing Face of Child Support forum, held on April 28, 2011, are available for your convenience.  All speaker presentations are listed below per the Agenda in PDF format. Vicki Turetsky, Federal Commissioner Office of Child Support Enforcement Family-Centered Child Support Services Research Foundations: Sharon Rowser, Vice President/Deputy Director of Policy Research and […]

5 Labor Rights Every Cannabis Worker Should Know

by Kevin Panahi @ RecoverMyWages.com

Wed Dec 07 23:05:19 PST 2016

Demand for cannabis workers is forecasted to grow substantially in the state of California with the passage of proposition 64, which legalizes recreational marijuana. In fact, by 2026 many experts have projected that the cannabis industry is expected to generate a whopping fifty billion dollars. Startups in the marijuana industry are quickly popping up everywhere, […]

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