2018 Legislative Developments

by Schiff Hardin Labor and Employment Group @ Employment Law Landscape

Tue Jan 02 09:58:45 PST 2018

Schiff Hardin’s Labor & Employment Group again presents our annual legislative update, summarizing legislation slated to take effect in 2018 under federal law and Illinois, California, New York, Georgia, Michigan, and District of Columbia law.   Federal EEO-1 Report: Covered employers must file their Employer Information Report (EEO-1) collecting race, ethnicity, and gender data by... Continue Reading

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

by David Y. Trevor @ Quirky Questions

Thu Dec 14 08:48:18 PST 2017

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent men have been a daily feature of the headlines, involving Oscar-winning actors, sitting and would-be senators, talk show hosts, and numerous other high profile figures. Allegations […]

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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What Happens to Huge Verdicts AFTER the Headlines

by Eugene Lee @ California Labor and Employment Law

Sat Jan 19 00:26:08 PST 2013

Multi-million dollar verdicts routinely headline the news. But what few seem to know is what happens to those verdicts long after the jury and the public have moved on. More often than not, those verdicts get cut down to size or get lost in a perfect storm of appeals. In Stevens v. Vons Companies, a…

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Important change in filing dates for 2016

by Chris Cooke @ Cooke & Associates

Mon Aug 22 13:07:41 PDT 2016

TAX FORM ORIGINAL DUE DATE EXTENDED DATE Form 1065, U.S. Return of Partnership Income March 15 for calendar year (15th day of the thrd month) September 15 (6 month extention) Form 1120S, U.S. Income Tax Return for an S Corporation March 15 (15th day of the third month) September 15 (6 month extention) Form 1041, […]

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Must Employers Pay Overtime for Salaried Employees?

by Kevin Panahi @ RecoverMyWages.com

Mon Dec 12 16:27:36 PST 2016

Depending on who you ask during your next trip to the water cooler about whether employers must pay overtime for salaried employees you may get a different answer. This is because of the complexities surrounding overtime pay law, and the difficulty most people have in understanding overtime exemptions. One thing is for sure, the generally […]

The post Must Employers Pay Overtime for <samp>Salaried Employees?</samp> appeared first on RecoverMyWages.com.

Cesar Chavez's Birthday

by Regina Taylor @ Child Support Services

Fri Jan 05 08:25:30 PST 2018

Child Support Offices will be closed on Monday, March 26, 2018.

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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Quirky Question #283: They Stole Our Stuff, Can We Sue?

by Joel O'Malley @ Quirky Questions

Thu Jun 30 11:32:24 PDT 2016

Question: My company recently terminated an employee, and we are very worried she accessed her email inappropriately in the days before she was fired. The timing of it all is … well, quirky. Here’s what happened: The employee’s manager met with her on a Friday and informed her that her performance was not acceptable, even […]

San Francisco Minimum Wage Rate Increases to $10.74 in 2014

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Mon Jan 06 00:01:41 PST 2014

Beginning January 1, 2014, all employers must pay to each employee who performs work in San Francisco (including temporary and part-time employees) wages not less than $10.74 per hour. The increase is a continued effort of the legislative measure  passed by the San Francisco voters ten years ago. As you remember, on November 4, 2003, […]

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a Right-to-Sue Letter?

by Marilyn Clark @ Quirky Questions

Thu Aug 24 11:09:40 PDT 2017

EEOC charges are a fact of life for employers.  Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of discrimination or retaliation.  While any charge is an unwelcome event, the stakes increase even further if the EEOC decides to take […]

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

Largest Sexual Harassment Verdict in History – $168 Million

by Eugene Lee @ California Labor and Employment Law

Sun Jan 06 01:00:42 PST 2013

A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. On August 7, 2008, Mercy General Hospital terminated Ani Chopourian, a 45-year-old former cardiac surgery physician assistant who was educated at UCLA and Yale, allegedly for failing to show up for an on-call shift…

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State-By-State Sexual Harassment Training Requirements

by EKO @ EKO

Thu Jun 12 15:59:53 PDT 2014

The post State-By-State Sexual Harassment Training Requirements appeared first on EKO.

5 Keys to Understanding Copyright Protection

by Lonnie_Finkel @ California business attorneys | Oakland CA

Mon Jul 03 10:03:00 PDT 2017

Despite the advent of many new forms of digital technology, artists, authors, actors and architects still look to federal copyright law to protect their creative works. While copyright law is quite broad, you can’t copyright everything. Keep these five points in mind as you consider copyrighting your original works of authorship. 1. You Can’t Copyright ...Read more

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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 […]

The post The California <samp>Professional Exemption</samp> Explained appeared first on RecoverMyWages.com.

Consult This Employee Termination Checklist to Keep Things Running Smoothly

by Rachel Gray @ Payroll Tips, Training, and News

Wed Mar 07 05:10:00 PST 2018

Employees leave companies every day to pursue growth opportunities, accommodate personal lives, or experience change. As an employer, you hope employees won’t leave your business, but you know this is wishful thinking. When an employee resigns, you need to know what to do. The average annual overall turnover rate is 19%, according to SHRM. If […]

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Our Commerce Office Moved

by Taylor @ Child Support Services

Wed Mar 01 11:38:58 PST 2017

The Commerce Child Support office relocated to a new location on January 25, 2016...

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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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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Illinois Businesses Beware: Class Action Suits on the Rise for Alleged Violations of the Illinois Biometric Information Privacy Act

by Lauren S. Novak @ Employment Law Landscape

Thu Oct 26 08:31:09 PDT 2017

Technological advances are leading many businesses to collect and store the biometric data of their employees, contractors, and customers for purposes of identification and authentication. Biometric data has many uses, such as giving people access to their accounts and sensitive financial information, providing employees, contractors, and customers physical access to workplaces and businesses, and giving... Continue Reading

Under California Law, 10-Minute Rest Breaks Must be Off-Duty and Cannot be On-Call

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sun Jan 29 22:57:04 PST 2017

This is another post in a Q-&A series in which we answer a question related to California employers’ duty to provide employees with 10-miute rest breaks.                 I.          Question I work as a waitress in a local restaurant. My shift usually starts at 5:00 pm and ends around 11:30 pm. My manager tells me that […]

How to Negotiate a Tenant Improvement Allowance

by Hugh Greenup @ California business attorneys | Oakland CA

Tue Aug 08 17:24:05 PDT 2017

Congratulations. Accelerating sales have driven your young company toward an important crossroad. You need more space. You have found a commercial location that satisfies all your requirements and now you are getting ready to sign a lease. Remember to plan ahead so you can negotiate a tenant improvement allowance that will satisfy your needs. Here ...Read more

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How to Calculate Overtime When both Daily and Weekly Overtime Hours Worked in the Same Week

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sun Jul 27 14:11:30 PDT 2014

The following post is written in a Q & A format and is intended to explain employers and employees California overtime law for computing daily and weekly overtime hours for non-exempt employees. It appears there is a misunderstanding as to the correct method of calculating  overtime hours for certain workweeks during which employee’s work hours […]

Are You Exempt? Really?

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Feb 04 16:00:46 PST 2018

An “exempt employee” is one who does not have to be paid overtime. Federal law is quite clear on this matter. You are exempt if one or more of the following is true: You have managing the enterprise as a primary duty, have the authority to hire or fire others and regularly direct two or.... Read More

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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 […]

The post A Complete Guide to <samp>Gratuity</samp> & <samp>Tip Laws</samp> in California appeared first on RecoverMyWages.com.

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the firing was not illegal

by David Y. Trevor @ Quirky Questions

Fri Sep 22 13:42:38 PDT 2017

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his or her protected status or for exercising protected rights (which is typically illegal). The decisive question answered in this case […]

Quirky Question #288: Zika in the Workplace?

by Steven Curry @ Quirky Questions

Thu Aug 18 06:52:31 PDT 2016

Question: We have been flooded with coverage of Zika, from the Rio Olympics to the recent travel restrictions in Miami As an employer, I want to be prepared and proactive to protect my employees, but I am also concerned about overreacting. I understand there are many reported cases of Zika, but only six cases where the […]

Biometric Attendance Scanner or “Mark of the Beast”?: How an Employee’s Unusual Religious Belief Cost the Employer $600,000.

by David Y. Trevor @ Quirky Questions

Fri Jul 14 11:08:55 PDT 2017

A recent case from the Fourth Circuit illustrates the risks for employers posed by the obligation to reasonably accommodate religious objections to workplace rules and practices under Title VII.  How should an employer handle accommodation requests based on religious beliefs that the employer views as misguided or even crazy?  A sincere religious belief, even if […]

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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CA Supreme Court: FAA preempts California State-law Rule Categorically Prohibiting Waiver of a Berman hearing

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Thu Oct 24 00:32:11 PDT 2013

In Sonic-Calabasas A., Inc. v. Moren, 2013 Cal. LEXIS 8111 (Cal. Oct. 17, 2013) (“Sonic II”), in light of Concepcion, the Court overruled its previous contrary holding in Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (“Sonic I”) and held that the FAA preempts California state-law rule categorically prohibiting waiver of a Berman hearing. Two years ago, […]

Tips on How to Proactively Address Workplace Harassment

by Christina A. Jacobson @ Employment Law Landscape

Mon Nov 20 12:01:25 PST 2017

From Anita Hill’s allegations in the 1990s to the recent flood of allegations in the news headlines, sexual harassment has been a persistent and pervasive problem. It occurs at all levels, across all occupations. While many companies have policies addressing inappropriate and unwelcome sexual behavior in the workplace, those policies may not be enough. Sexual... Continue Reading

How to Prepare for Due Diligence

by Lonnie_Finkel @ California business attorneys | Oakland CA

Tue Oct 31 05:21:02 PDT 2017

As the Chief Executive Officer, you will be hard pressed to secure financing, sell your company, or issue an IPO if you’re unable to persuade prospective investors or buyers. By collecting and presenting your corporate information in a clear, complete, and concise professional manner, you will dramatically improve your chances of success. Preparing for Due ...Read more

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What Are Your Rights When You Are an Employee

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Jan 21 16:00:00 PST 2018

What are Your Rights When You Are an Employee? In the days of Charles Dickens, employees had to rely on the generosity of their employers for any benefits and advantages. During the industrial revolution period, employment was regarded as one step removed from slavery. The Evolution of Employee Rights under Law: The development of employee.... Read More

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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 […]

The post A Guide to <samp>Wrongful Termination</samp> in California appeared first on RecoverMyWages.com.

Don’t forget about makeup time

by Anthony Zaller @ California Employment Law Report

Fri Feb 16 21:03:57 PST 2018

Makeup time is one of the rare occurrences under California law that employees have flexibility to adjust their work schedule to accommodate for important life events that come up from time to time. Makeup time allows employees to take time off and then make it up later in the same workweek, without triggering the obligation...

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Beware of Successor Liability in Connection with Family Owned Business

by Lonnie_Finkel @ California business attorneys | Oakland CA

Thu Mar 22 11:48:08 PDT 2018

A corporation ordinarily is not liable for the debts of other entities or its owners in the absence of an express agreement, such as a guarantee. However, a creditor of one company may try to impose liability on one or more non-debtor entities under “alter ego” or “successor liability” theories in certain circumstances. In these ...Read more

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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

California Overtime Calculator

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Thu Mar 17 10:10:28 PDT 2016

Are We at a “Tipping” Point for Wrongful Discharge Claims in Minnesota?

by Rachel Lufkin @ Quirky Questions

Wed Dec 06 10:35:59 PST 2017

A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but doesn’t say anything about suing because he was fired. Does the law […]

Sexual Harassment Against Men in the Workplace

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Feb 25 16:00:45 PST 2018

There has been a lot of talk of late about sexual harassment – but there tends to be an assumption made that the victim is a woman and the perpetrator is a man. In fact, although statistics indicate it is less common, men can be victims of harassment both from women and from other men..... Read More

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California Limits Prevailing Employers’ Ability to Recover Attorney’s Fees in Unpaid Compensation Cases

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Wed Oct 02 23:44:46 PDT 2013

By definition, wage-and-hour litigation is about the money and ability to recover attorney’s fees has always been a driving force behind any employment lawsuit.  For example, pursuant to Labor Code section 1194, when an employee prevails in a cialis generic cheap claim for minimum wages or overtime, the employee is entitled to recover the cost of […]

OSHA Weighs in on Retaliation and Drug Testing

by Rebecca Bernhard @ Quirky Questions

Thu Sep 15 15:29:13 PDT 2016

QUESTION: We conduct drug testing whenever an employee is injured at work or in involved in an accident. I recently read that this may violate OSHA’s anti-retaliation rule. How can that be? I would think OSHA would want employers to drug test to keep workplaces drug-free and safe. Short Answer: Drug testing raises complex issues, […]

Love is in the Air? Practical Tips for Dealing with Workplace Relationships

by Rebecca Canary-King @ Employment Law Landscape

Mon Feb 12 13:59:26 PST 2018

Like many holidays, Valentine’s Day is a time when employees celebrate, while HR representatives, in-house counsel, and business owners hold their breath. In the #MeToo era, employers should consider proactively addressing workplace relationships and shoring up internal policies for dealing with complaints. Here are some tools to help employers get in the Valentine’s Day spirit.... Continue Reading

High Court Narrows Whistleblower Status Protections Under Dodd-Frank

by Julie Furer Stahr and Kyle Jacob @ Employment Law Landscape

Thu Mar 08 11:59:27 PST 2018

On February 21, the U.S. Supreme Court issued an opinion in Digital Realty Trust, Inc. v. Somers, S. Ct. No. 16-1276 (Feb. 21, 2018), narrowing the scope of who qualifies for whistleblower protection under the Dodd-Frank Act. Dodd-Frank is a federal law which, in conjunction with the Sarbanes-Oxley Act, provides incentives and protections for whistleblowers... Continue Reading

Can Inclusion Riders Force Demographic Proportionality In Hiring?

by Joshua A. Rodine @

Wed Mar 14 11:59:16 PDT 2018

Seyfarth Synopsis: With a single utterance at the recent Academy Awards ceremony, “inclusion rider” entered the popular lexicon. That has led many to wonder, “What is an inclusion rider?” The next question, of course, is this: “Is an inclusion rider enforceable?”

What is an inclusion rider? In most respects, this is an entertainment industry term for the more commonly known … Continue Reading

Quirky Question #285: Potholes on the Ethical “High Road”

by David Y. Trevor @ Quirky Questions

Thu Jul 14 14:21:44 PDT 2016

Question:  We learned that some of our employees may have been engaging in unethical, and perhaps even illegal, behavior.  We don’t tolerate this, so we hired a law firm to conduct an investigation, and based on the results of that investigation, we terminated the employees.  The terminated employees were high-profile employees, and we told some […]

California Supremes Limit Arbitration Waivers

by Eugene Lee @ California Labor and Employment Law

Thu Apr 06 11:32:19 PDT 2017

The key excerpt from this latest ruling from the California Supreme Court, McGill v Citybank, says it all: In previous decisions, this court has said that the statutory remedies available for a violation of the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200…

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Go-to hiring practices employers need to consider

by Anthony Zaller @ California Employment Law Report

Fri Feb 09 20:10:55 PST 2018

The hiring process cannot be underestimate, both from a managerial and legal perspective.  This Friday’s Five focuses on critical management and legal considerations for employers during the hiring process: 1. Ignore the applicant’s resume during the interview. Nolan Bushnell, the inventor of Atari and Chuck E. Cheese, and the first person to hire Steve Jobs,...

The post Go-to hiring practices employers need to consider appeared first on California Employment Law Report.

How Long Should I Keep Various Financial Records?

by Chris Cooke @ Cooke & Associates

Tue Jun 21 07:16:21 PDT 2016

Play it conservative, and keep all your tax returns, along with insurance policies, pension-related and estate-planning documents (such as wills), forever. Keep cancelled checks, bank statements and receipts for at least three years, ideally seven – perhaps printing out copies if you receive them electronically. Do the same with any supporting documents for tax returns, […]

The post How Long Should I Keep Various Financial Records? appeared first on Cooke & Associates.

Minimum Wage Updates for 2017

by admin2 @ Labor Law Education Center: Learn About Labor Laws in Your State

Thu Feb 02 09:39:45 PST 2017

Whereas minimum wage increment is a debate that continues to dominate political and economic discussions with a ceaselessly growing number of both opponents and proponents across the U.S, the same has experienced some steady progress in a number of states, and one of those is Florida.   Minimum Wage Update in States The other states...

The post Minimum Wage Updates for 2017 appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

What Is an FEIN?

by Mike Kappel @ Payroll Tips, Training, and News

Mon Feb 26 05:10:00 PST 2018

When you run a business, you must meet many IRS requirements. You might need an FEIN to identify your business on documents like payroll tax forms. What does FEIN mean? What is an FEIN? FEIN is an acronym for Federal Employer Identification Number, also known as an EIN. This unique, nine-digit number is used by […]

The post What Is an FEIN? appeared first on Payroll Tips, Training, and News.

How the Recently Passed Tax Bill Affects Your Business

by Payroll Systems @ Payroll Systems

Fri Jan 26 10:46:18 PST 2018

The new tax law passed just towards the end of last year has come with major changes to company’s payroll systems throughout the United States. Corporate Tax Rate Decrease The rewrite of the tax code has brought forth a significant tax cut for corporations. The corporate tax rate has been cut from 35%-21% which is estimated to reduce federal revenue by $1.5 trillion over the next ten years. This is a great benefit to large corporations. Commuter Benefits Change Both employees and employers can still contribute funds pre-tax into mass transit and parking plans. However, for the employer, transit plans are no longer considered a business deduction! Employers can still contribute to bicycle plans as well, but it will be included as income for the employees participating in this plan. This money should be included as taxable income and subject to tax withholding and payroll taxes. Updated Tax-Withholding Tables IRS released Notice 1036 earlier this month – addressing the new income-tax withholding tables to reflect the changes in tax rates and tax brackets brought on by the new law. It is encouraged that employers begin using these tables ASAP, but no later than Feb. 15, 2018. Employers are advised to continue using the 2017 withholding tables until they begin using the newly updated tables. *Note that if you are outsourcing your Payroll, Payroll companies already take care of the adjustments for you.* These new tables have been designed to work with the Forms W-4 that workers already filed with their employers to claim withholding allowances. Please refer to this FAQ published by the IRS that should answer any questions you might have about changes made. W-4 Revision In addition to the updated tax-withholding tables, the IRS is working on revising Form W-4. This revision will reflect itemized deductions, increases in child tax credit, new dependent credit and the repeal of dependent exemptions. Though this has not been issued yet, we will expect to be seeing it very soon. Withholding Calculator Update The IRS is working to adjust the withholding calculator to assist employees in determining their optimal withholding – this is expected to be available towards the end of February. To stay up to date with tax, HR, and payroll news make sure to subscribe to our blog by filling out the form below!

By 2018, San Francisco’s Minimum Wage will Increase to $15

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Tue Jan 06 22:52:50 PST 2015

Effective January 1, 2015, the minimum wage in San Francisco increased to $11.05 per hour. The increase is a result of the November 2014 ballot measure Proposition J that was overwhelmingly approved by San Francisco residents in November 2014. Proposition J is intended to gradually increase San Francisco’s minimum wage to $15 per hour by […]

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

Five steps of a Labor Commissioner complaint employers must understand

by Anthony Zaller @ California Employment Law Report

Fri Mar 02 22:37:28 PST 2018

Employers need to understand their rights and obligations when they receive notice of a complaint through the Labor Commissioner.  The process can seem daunting, but with a little preparation it can be managed effectively.  This  Friday’s Five post sets out a brief explanation of the five steps that most Labor Commissioner proceedings follow: Step one:...

The post Five steps of a Labor Commissioner complaint employers must understand appeared first on California Employment Law Report.

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 […]

The post Top Four <samp>Overtime Laws</samp> To Know In California appeared first on RecoverMyWages.com.

Answers to 18 Payroll Questions You Are Dying to Ask

by Rachel Gray @ Payroll Tips, Training, and News

Mon Mar 05 05:10:18 PST 2018

For some business owners, running payroll might be like learning a foreign language. You are a master of your business idea, not the administrative responsibilities that come with it. Because you might not be familiar with these responsibilities, you might have some payroll questions. Payroll questions and answers When you become an employer, you need […]

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U.S. Department of Labor Announces New Program to Expedite Payment to American Workers

by Payroll Masters @ Payroll Masters

Mon Mar 12 09:44:19 PDT 2018

WASHINGTON, D.C. – The Wage and Hour Division of the U.S. Department of Labor is announcing a new pilot program, the Payroll Audit Independent Determination (PAID) program, which expedites resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act. The PAID program...

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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My Boss 1099s Me, Am I Really an Independent Contractor? (2018)

by Eugene Lee @ California Labor and Employment Law

Mon Jan 16 15:02:03 PST 2017

If your boss gives you a 1099 tax form each year, does that mean you are an independent contractor? What if you signed an independent contractor agreement? What if you submit invoices to your boss to be paid? The answer may surprise you. Every year millions of workers are misclassified as independent contractors, illegally denying…

The post My Boss 1099s Me, Am I Really an Independent Contractor? (2018) appeared first on California Labor and Employment Law.

The “N-word,” the “Black Monkey Girl,” and the “Confident, African American Male”: Workplace Language and Hostile Environment Claims

by David Y. Trevor @ Quirky Questions

Fri Feb 23 13:12:25 PST 2018

It is one of the nightmare scenarios for any HR Department or in-house employment counsel: A white employee directing crude, vicious, racially charged slurs at an African-American employee. Perhaps the most inflammatory of such racial epithets is so toxic that it is typically no longer even spelled out in judicial opinions; it is simply the […]

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

The post New Form I-9 – Deadline January 22nd appeared first on California Payroll.

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 […]

The post California <samp>Administrative Exemption</samp> Guide appeared first on RecoverMyWages.com.

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His Entire ****ing Family”

by Rebecca Bernhard @ Quirky Questions

Fri Jul 07 14:01:27 PDT 2017

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision overturning the firing of an employee who engaged in a highly profane Facebook rant against a supervisor. Although an employer has […]

What You Need to Know About a Qualifying Life Event

by Rachel Gray @ Payroll Tips, Training, and News

Mon Mar 12 05:10:40 PDT 2018

Employees have a window of time each year to sign up for certain types of employer-sponsored insurance. Although this open enrollment period takes place at the end of each year for all employees, an employee can add or remove coverage at any time of the year if they have a qualifying life event. What is […]

The post What You Need to Know About a Qualifying Life Event appeared first on Payroll Tips, Training, and News.

Final Paychecks – When Are They Due? (2018)

by Eugene Lee @ California Labor and Employment Law

Tue Nov 07 18:26:26 PST 2017

A question I hear a lot is: “I just left my job, when is my employer supposed to pay me my last paycheck?” The answer is: it depends. If you were fired or laid off If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have…

The post Final Paychecks – When Are They Due? (2018) appeared first on California Labor and Employment Law.

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. […]

The post <samp>Exempt vs. Non Exempt Employee</samp>: A California Law Guide appeared first on RecoverMyWages.com.

Negotiating Commercial Lease Surrender Provisions

by Hugh Greenup @ California business attorneys | Oakland CA

Wed Mar 14 16:16:26 PDT 2018

Most tenants who have just signed a lease are looking to the future. They understand their obligation to pay rent and expenses and expect that during the term of the lease they will have continued access to the premises for the period of time covered by the lease. Often, they will be improving the premises ...Read more

The post Negotiating Commercial Lease Surrender Provisions appeared first on California business attorneys | Oakland CA.

Important Update: IRS Releases New Form W-4 and Withholding Calculator

by Payroll Systems @ Payroll Systems

Wed Mar 07 08:27:25 PST 2018

So you may have heard…but if not, we have your back! The IRS released a new Form W-4 and Withholding Calculator to help employees and employers make an easy transition after the new tax law passed at the end of last year. Form W-4: What’s Different? In adherence to the Tax Cuts and Jobs Act, Removal of personal exemptions Increase of child tax credit Limit/discontinue certain deductions Change to the tax rates and brackets Employees who may need to revise their W-4: Those who are part of a two-income family Those who are working multiple jobs at the same time or have only worked for part of the year Those with children who claim credits such as the Child Tax Credit Those who itemized deductions in 2017 Those with high incomes and more complex tax returns “Following the major changes in the tax law, the IRS encourages employees to check their paychecks to help ensure they’re having the right amount of tax withheld for their personal situation,” reported Acting IRS commissioner David Kautter. Tips for Employers: Encourage your employees to use the new Tax Withholding Calculator to be assured that they are not over/under withheld in Federal taxes The 2018 W-4 Withholding Form is a 4 page document that the employee completes.  It is the employer’s responsibility to make these 2018 W-4 Withholding Forms available to employees. Use your HRIS platform for a paperless W-4 revision; be aware of your employees who may need to revise their W-4 by reading the above section, “Employees who may need to revise a W-4” How do you get the new Form W-4? The new W-4 is available on the IRS website, Payroll Systems website, and built-in to InfinityHR software as part of the standard onboarding module*. *Please note: InfinityHR is for Payroll Systems clients who are using our HRIS services. For more information regarding HRIS services, please contact us today by filling out the form below! All other existing Payroll Systems clients may also contact their client manager directly.

If a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?

by JoLynn Markison @ Quirky Questions

Mon Aug 21 11:31:49 PDT 2017

Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to bring to light illegal behavior by their employers. But in many instances employers legitimately wonder whether the complaint was made in “good faith,” or just […]

Protect Your Company from Copyright Infringement Claims – Register Your DMCA Designated Agent

by Lonnie_Finkel @ California business attorneys | Oakland CA

Mon Jul 24 09:54:54 PDT 2017

If your company has a website that allows users to post any kind of content, you may be at risk for copyright infringement under U.S. copyright law if any of the content is not original to the party posting it. With most companies now leveraging multiple social media platforms, in addition to their traditional websites, ...Read more

The post Protect Your Company from Copyright Infringement Claims – Register Your DMCA Designated Agent appeared first on California business attorneys | Oakland CA.

Refusal to Transfer an Employee as an Adverse Employment Action; or, How Life Imitates 1950s Movies

by David Y. Trevor @ Quirky Questions

Thu Sep 28 14:48:55 PDT 2017

In the classic 1955 movie, Mister Roberts, Henry Fonda plays Doug Roberts, a frustrated Naval officer aboard a supply ship in a backwater area of the Pacific during World War II. Roberts desperately seeks a transfer to a combat ship more directly involved in the war, but he is continually – and maliciously – turned […]

Will the Courts Accept a Jury Duty Excuse Letter If You’re in a Pinch?

by Rachel Gray @ Payroll Tips, Training, and News

Mon Mar 19 05:10:23 PDT 2018

Sometimes, you or your employees’ personal responsibilities conflict with your business. For many small businesses, if you miss work or lose an employee for an extended period of time, there can be harmful effects on productivity in the workplace. But if you or an employee are called in for jury duty, you might not have […]

The post Will the Courts Accept a Jury Duty Excuse Letter If You’re in a Pinch? appeared first on Payroll Tips, Training, and News.

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

by JoLynn Markison @ Quirky Questions

Mon Jul 25 12:39:19 PDT 2016

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees.  Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees?  More generally, can you help me understand the appropriate, respectful terminology in this area?  I certainly don’t want […]

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

The post IRS warns of W-2 scam targeting HR and payroll departments appeared first on California Payroll.

Wisconsin Bans Workplace Smoking

by admin2 @ Labor Law Education Center: Learn About Labor Laws in Your State

Thu Jul 21 16:12:38 PDT 2016

The Wisconsin smoking ban, which prohibits smoking in virtually every workplace, goes into effect on July 5, 2010. The 2009 Wisconsin Act 12 is more restrictive than many other state smoking bans. It requires business owners to enforce the non-smoking law, and provides greater penalties for business owners who fail to do so. The Wisconsin...

The post Wisconsin Bans Workplace Smoking appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

RS Warns of Back-to-School Scams; Encourages Students, Parents, Schools to Stay Alert

by Chris Cooke @ Cooke & Associates

Mon Aug 22 13:02:02 PDT 2016

WASHINGTON — The Internal Revenue Service today warned taxpayers against telephone scammers targeting students and parents during the back-to-school season and demanding payments for non-existent taxes, such as the “Federal Student Tax.” People should be on the lookout for IRS impersonators calling students and demanding that they wire money immediately to pay a fake “federal […]

The post RS Warns of Back-to-School Scams; Encourages Students, Parents, Schools to Stay Alert appeared first on Cooke & Associates.

10 Itemized Pay Stub Requirements – California Law

by Payroll Systems @ Payroll Systems

Mon Feb 12 13:37:28 PST 2018

Often, pay statement compliance is overlooked. Did you know that failure to include certain information on your employee’s pay stubs may lead to expensive class-action lawsuits? Under California law there are 10 specific items that must be included on your employees’ wage-earning statements, so your business can remain compliant and avoid any penalties. Mandatory items to be listed on a pay stub: Gross wages earned Total hours worked by the employee (unless the employee is exempt from OT) Number of piece-rate units earned, if applicable All deductions made from wages New wages earned Pay period beginning and end dates Employee’s name and last four digits of his/her SSN (employee’s identification number can be used in place of the SSN) Name and address of the employer All applicable hourly rates in effect during the pay period and number of hours the employee worked at each hourly rate How many days of sick leave an employee has available   Avoid these pay stub mistakes: Not listing the employee’s total hours worked in the pay period Not including the start or end date of the pay period Leaving out the employer’s legal name and/or address Not keeping a copy of the pay stub for your records and for employee access Listing of overtime compensation, commissions or bonuses in a confusing way Leaving out an area on the pay stub for double time and any premiums that an employee was paid for a missed meal/rest period With paychecks moving to paperless, don’t forget that you must still make it easy for your employees to access paper copies! Electronic pay stubs comply with labor codes only if: Employees have a choice to receive paper wage statements at any time Mandatory items are included Employees can access their records at work using company computers or their own personal computers Employees can print them for free at work Employee pay stubs must be filed for 3 years, and former employees are entitled to printed copies upon request. Stay tuned for a follow-up post regarding penalties if you fail to fulfill these requirements – fill out the form below to receive part 2 of this series!

How to Choose a Bankruptcy Attorney

by Ruth_Auerbach @ California business attorneys | Oakland CA

Wed Sep 20 11:23:35 PDT 2017

Let one truth drive your search for legal counsel in your company’s bankruptcy: the more complex the case the more crucial the need for an attorney steeped in bankruptcy law. Let’s call that rule #1 – hire an attorney with a proven track record in bankruptcy law. Rule #2? read Rule #1. It may be ...Read more

The post How to Choose a Bankruptcy Attorney appeared first on California business attorneys | Oakland CA.

Quirky Question #287: “Cat’s Paw” Claims – How could an employer violate antidiscrimination laws, even though the decision-making manager has no discriminatory bias at all?

by David Y. Trevor @ Quirky Questions

Fri Aug 05 12:00:39 PDT 2016

Question: We just went through a five-person layoff, and one of the individuals laid off (an African American) has hired a lawyer and is threatening to sue for racial discrimination. I have enormous confidence in the fairness of the individual manager making the layoff selections, and those selections were based on years of performance ratings.  However, […]

Los Angeles Leads California With Proposed Commercial Cannabis Regulations

by Lonnie_Finkel @ California business attorneys | Oakland CA

Thu Aug 17 08:09:40 PDT 2017

On June 8, 2017, the Los Angeles’ City Council released its proposed regulations to govern commercial cannabis activity in the city. Simultaneously, the city’s Planning Department released a draft ordinance that proposes land use and sensitive use requirements for commercial cannabis activity in Los Angeles. These releases mark the next step in the city’s effort ...Read more

The post Los Angeles Leads California With Proposed Commercial Cannabis Regulations appeared first on California business attorneys | Oakland CA.

A Look at Federal, State, and Local Minimum Wages

by Mike Kappel @ Payroll Tips, Training, and News

Wed Mar 21 05:30:00 PDT 2018

You can’t just pay your employees any amount you want. You must follow federal, state, and local laws that set minimum wages. What is minimum wage? Minimum wage is the lowest amount you can pay an employee per hour of work. You can pay more than the minimum wage, but you should never pay less […]

The post A Look at Federal, State, and Local Minimum Wages appeared first on Payroll Tips, Training, and News.

#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 Parental Leave Act – What Employers Should Know

by Payroll Systems @ Payroll Systems

Fri Jan 12 01:30:45 PST 2018

New year, new labor laws in California and new parents are winning. As things change typically every year, new parents may be happy to know that a new law in California that grants 12 weeks of job-protected leave for bonding with their new child is effective Jan. 1, 2018. The 12 weeks of leave must be taken within one year of the child’s birth, adoption, or foster care placement. Who this law protects This new law protects employees of companies who have 20 or more employees, who must have been working for their employers for 12 months and have at least 1250 hours of services during that 12-month period. What employers should know If you are an employer with 20 or more employees, here are some conditions you should be aware of: Leave is unpaid, but employees can utilize accrued vacation, paid sick time, and other accrued paid/unpaid time off for parental leave Employers must maintain and pay for health coverage under a group health plan for eligible employees Health benefits during leave will be maintained for the 12 weeks only; if the employee fails to return from the leave, employers can recover coverage costs Employers must provide the employee with a guarantee of reinstatement to the same or comparable position upon return from the leave (if no guarantee is given, the employer will be in violation of the law) If both parents work for the same employer and are eligible, employers may require them to share the 12-week leave New law doesn’t apply to employees who are already subject to the FMLA and CFRA Some advice… If you haven’t already done so, update your employee handbooks with the new policy and provide training to managers and HR about the new leave rights and obligations. To stay updated with new laws and regulations that may affect your business, follow our blog and sign up for our newsletter today by filling out the form below.

Can overtime be an essential function of a job?

by Anthony Zaller @ California Employment Law Report

Fri Mar 16 20:28:15 PDT 2018

If an employee is injured and is unable to work overtime (i.e., over 8 hours in a day or 40 hours in a week), can an employer terminate the employee?  Potentially.  Employers may terminate employees who are unable to work overtime if this is an essential duty of the position.  This Friday’s Five reviews when...

The post Can overtime be an essential function of a job? appeared first on California Employment Law Report.

Should You Offer a Nonqualified Deferred Compensation Plan?

by Mike Kappel @ Payroll Tips, Training, and News

Mon Mar 26 05:10:00 PDT 2018

You know employees like employer-sponsored benefits. As an employer, offering benefits is advantageous for your business, too. A nonqualified deferred compensation plan is one type of benefit that both you and your employees can enjoy. Find out what a nonqualified deferred compensation plan is, why you might consider offering it, and how to set it […]

The post Should You Offer a Nonqualified Deferred Compensation Plan? appeared first on Payroll Tips, Training, and News.

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

The post 2018 California Minimum Wage Table appeared first on California Payroll.

Legislation, Labor and Lettuce: How California’s Overtime Laws Are Affecting Growers and Farmworkers

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Jan 14 23:04:22 PST 2018

Harvesting iceberg lettuce or picking grapes from the vine are typical farm jobs in California, but these jobs do not share many parallels with the average American’s desk job. This is why agricultural jobs historically have had their own set of labor laws. The minimum wage, overtime regulations, and minimum age to work laws are.... Read More

The post Legislation, Labor and Lettuce: How California’s Overtime Laws Are Affecting Growers and Farmworkers appeared first on Aiman-Smith & Marcy.

PayNearMe

by Taylor @ Child Support Services

Wed Mar 01 12:00:58 PST 2017

Person Paying Support (PPS) can pay child support now at 7-Eleven, Family Dollar and ACE Cash Express...

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

When Does Sexual Harassment Get Serious Enough for a Lawyer

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Feb 18 16:19:37 PST 2018

It may start out as a tease or a joke, but someday you come to realize that this seriously jeopardizing your ability to function. The Law Sexual harassment is part of the general prohibition against discrimination on the basis of gender under the Equal Employment Opportunity Act. Harassment can include unwelcome sexual advances, requests for.... Read More

The post When Does Sexual Harassment Get Serious Enough for a Lawyer appeared first on Aiman-Smith & Marcy.

Don’t Be Scared: Guidance Issued Ahead of Halloween Implementation of NYC Salary History Law

by Lauren S. Novak @ Employment Law Landscape

Tue Oct 31 07:35:29 PDT 2017

As we previously blogged here, beginning on October 31, New York City businesses will no longer be allowed to ask about an applicant’s salary history during the hiring process. Just in time for the law to go into effect, the NYC Commission on Human Rights has published a set of FAQs to help employers and... Continue Reading

What Does Pay Frequency Mean?

by Michele Bossart @ Payroll Tips, Training, and News

Wed Feb 21 05:10:38 PST 2018

When you have employees, you need to run payroll so they can receive their wages. Before paying employees, you need to decide on a pay frequency. Your industry, the number of employees you have working for you, the type of workers you have, and legal requirements determine your pay frequency. But first, what does pay […]

The post What Does Pay Frequency Mean? appeared first on Payroll Tips, Training, and News.

Can My Boss Fire Me at Any Time for Any Reason? What is “at will”? (2018)

by Eugene Lee @ California Labor and Employment Law

Mon Jan 21 12:31:10 PST 2013

“At-Will”. California is an “at-will” employment state. What does this mean? In most cases, it means that your boss can fire you at any time for almost any reason or no reason at all. She can fire you because she doesn’t like you thinks you’re too tall or short thinks you talk too much or…

The post Can My Boss Fire Me at Any Time for Any Reason? What is “at will”? (2018) appeared first on California Labor and Employment Law.

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

by David Y. Trevor @ Quirky Questions

Wed Nov 01 11:20:54 PDT 2017

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of discrimination or harassment. If key people at the company are unaware of such complaints, the employer might leave itself open […]

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 […]

The post <samp>California Break Laws</samp>, What Must My Employer Provide? appeared first on RecoverMyWages.com.

5 Important Tips to Know Before Buying Labor Law Posters

by Ed @ Labor Law Education Center: Learn About Labor Laws in Your State

Wed Oct 12 08:37:18 PDT 2016

Every company, no matter size or industry, has the obligation to comply with certain labor laws; and many of those laws require employers to post notices in their workplace.  Before buying labor law posters, there are a few things that companies should know: Does the labor law poster company provide a guarantee, and are they...

The post 5 Important Tips to Know Before Buying Labor Law Posters appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

Health Care Law: Tax Considerations for Employers with Fewer than 50 Employees

by Chris Cooke @ Cooke & Associates

Tue Dec 08 08:23:21 PST 2015

Some of the tax provisions of the Affordable Care Act apply only to employers with fewer than 50 full-time or full-time equivalent employees. Employers with fewer than 50 employees should take note of these tax considerations: More than 95 percent of employers have fewer than 50 full-time employees or equivalents and are not subject to […]

The post Health Care Law: Tax Considerations for Employers with Fewer than 50 Employees appeared first on Cooke & Associates.

Minimum Wage Updates for 2018

by Ed @ Labor Law Education Center: Learn About Labor Laws in Your State

Wed Nov 08 10:19:23 PST 2017

The United States Federal Minimum Wage has not seen an increase since 2009. Many states and cities believe that too much time has passed since an increase and law makers are taking the matter into their own hands and are implementing increases that they believe are in the best interest of their citizens. Many high...

The post Minimum Wage Updates for 2018 appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

California state and minimum wage issues in 2018

by Anthony Zaller @ California Employment Law Report

Thu Mar 08 07:48:40 PST 2018

I just posted a new video on my YouTube channel about the issues facing employers with the state and local minimum wage increases in 2018 (embedded below).  At the end of the first quarter in 2018, it is a good time to review compliance with the state and local minimum wage laws, and to start...

The post California state and minimum wage issues in 2018 appeared first on California Employment Law Report.

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 […]

The post <samp>Maternity Leave</samp> in California – A Practical Law Guide (2018) appeared first on RecoverMyWages.com.

How to Select a Trial Attorney for Your Bay Area Business

by Lonnie_Finkel @ California business attorneys | Oakland CA

Sun Oct 08 13:04:00 PDT 2017

Working with a reputable law firm to assist you in drafting and negotiating agreements for sales, real estate transactions, employment agreements, and intellectual property licenses, has never been more essential to the success of your business. The attorney you choose should be focused on preventing problems and helping you navigate your company through a challenging ...Read more

The post How to Select a Trial Attorney for Your Bay Area Business appeared first on California business attorneys | Oakland CA.

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, […]

The post Requesting Your <samp>Employment Records & Personnel File</samp> (Sample Letter) appeared first on RecoverMyWages.com.

Pay-Privacy Act: Companies Can’t Ask Job Applicants About Previous Salary

by Payroll Systems @ Payroll Systems

Fri Jan 19 01:00:31 PST 2018

Many new laws are effective this month including the prohibition of employers asking potential candidates for hire how much their previous salary was. In job applications and interviews one of the most common questions asked to candidates is, “What was your previous salary/What is your current salary?” Salary history of potential employees helps employers determine how much the candidate will be compensated if hired. To close the gender pay gap, a new San Francisco, CA ordinance effective Jan. 1, 2018 prohibits employers from asking this question. Other cities and states have already had this law in effect including Delaware and New York City. Throughout the next two years, Massachusetts, New Orleans, Oregon, Philadelphia, Pittsburgh, and Puerto Rico will also join in. How does this have any effect on gender you might wonder? If a woman is paid less than her men counterparts doing the exact same job and a new employer bases her new salary on her prior salary, gender discrimination is perpetuated. The law bans the act of asking prior/current salary verbally, in-writing, or by a third-party agency. However, if the candidate voluntarily offers this information, the employer can use this information to determine how much the new hire will be compensated. In addition, employers must provide a salary range to job seekers who inquire about how much money the vacant job will be paying. This new law signed by Governor Jerry Brown back in October 2017 is applicable to all public and private sectors in the state of California.   Some advice to employers to ease your way into this new law: Make revisions to employment applications to remove any questions that allude to asking candidates about their prior salary Make adjustments to your screening and interview processes to ensure questions about salary history are eliminated Train your hiring managers how to properly respond to requests for pay scale information and voluntary disclosure by the candidate of their previous salary Have pay scale information ready to provide to applicants when requested. To stay up-to-date with new laws that may directly impact your business, fill out the form below! 

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 […]

The post <samp>California Vacation Law</samp> – A Rundown appeared first on RecoverMyWages.com.

Can Employers Require Employees to Remain on Premises? (2018)

by Eugene Lee @ California Labor and Employment Law

Sat Jul 22 09:50:30 PDT 2017

A reader of this blog recently asked an intriguing question: “Your boss may require you to remain on work premises during your rest break.: Is this still true after the recent California Supreme Court decision? I believe the reader was referring to Augustus v. ABM Security Services, Inc., 2 Cal. 5th 257 (2016). That decision…

The post Can Employers Require Employees to Remain on Premises? (2018) appeared first on California Labor and Employment Law.

“Sharp” Defense Lawyers Smacked Down by Appeals Court

by Eugene Lee @ California Labor and Employment Law

Tue Oct 17 17:29:08 PDT 2017

Ever wonder what would happen if a lawyer tried to “pull a fast one” on a trial court judge? Wonder no more. In Francisco Diaz v Prof. Community Mgt., Inc., a case decided in October 2017 by the Fourth Appellate District Court of Appeals, an appeals court considered the case of two unscrupulous lawyers who…

The post “Sharp” Defense Lawyers Smacked Down by Appeals Court appeared first on California Labor and Employment Law.

Defamation: Containing Fire and Fury in the Deep Blue State

by Amanda Fry @

Wed Jan 24 06:00:30 PST 2018

Seyfarth Synopsis: As Californians grow tragically familiar with wildfire, California employers face another threat of fire in the form of defamation lawsuits. The rapidly burning #MeToo anti-harassment movement, and constant talk in the news about peoples’ reputations being destroyed, has rained down fire and fury for California employers forced to consider possible defamation lawsuits by current or former employees.

Stoking … Continue Reading

Are You Compliant? EEO-1 Reporting Requirements

by Integrity HR @ Integrity HR

Mon Feb 05 06:00:00 PST 2018

It’s that time of year – paperwork season! Once the ornaments are boxed up and the 2018 glasses are on […]

The post Are You Compliant? EEO-1 Reporting Requirements appeared first on Integrity HR.

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, […]

The post 5 Labor Rights <samp>Every Cannabis Worker Should Know</samp> appeared first on RecoverMyWages.com.

Are Employers Required to Give Holiday Pay or Paid Holidays? (2018)

by Eugene Lee @ California Labor and Employment Law

Thu Nov 09 07:57:19 PST 2017

When it comes to holidays, many employers in California and across the country tend to give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays are: New Year’s Day Memorial Day Easter Independence Day (4th of July)…

The post Are Employers Required to Give Holiday Pay or Paid Holidays? (2018) appeared first on California Labor and Employment Law.

How to Protect Your Company’s Software Assets Through Contract Protection

by Lonnie_Finkel @ California business attorneys | Oakland CA

Thu Dec 07 11:05:26 PST 2017

If your company drives its revenue with proprietary software assets, you must ensure those assets are not improperly shared or misused by others. One way to protect your company’s software-related intellectual property (IP) rights is through a written contract. How Can Contract Provisions Help Protect Software? Most commercial software products are distributed in compiled object ...Read more

The post How to Protect Your Company’s Software Assets Through Contract Protection appeared first on California business attorneys | Oakland CA.

Employment Classification and Your Rights If You Are Terminated

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Mar 18 18:55:45 PDT 2018

If you are working in a company you can be considered an independent contractor or an employee. Often an observer can’t tell the difference between the two categories. Employees and contractors can be working side by side doing the same work. You can’t even always tell by job title. Job titles are often changed around.... Read More

The post Employment Classification and Your Rights If You Are Terminated appeared first on Aiman-Smith & Marcy.

NLRB Reverses Four Obama-Era Decisions

by Henry W. Sledz, Jr. and Lauren S. Novak @ Employment Law Landscape

Wed Dec 20 08:32:57 PST 2017

Board Member Philip Miscimarra’s term on the National Labor Relations Board (NLRB) expired last week with a bang rather than a whimper. In the final days of his tenure, the Board reversed four controversial Obama-era decisions addressing joint employers, workplace policies, micro-units, and the duty to bargain. These decisions, summarized below, will impact all employers,... Continue Reading

5 Myths To Dismiss: The Americans With Disabilities Act (ADA)

by Christina Reising @ Integrity HR

Tue Jan 23 07:00:33 PST 2018

It’s been a few weeks since the confetti was swept up and 2018 sunglasses went on sale, but the excitement […]

The post 5 Myths To Dismiss: The Americans With Disabilities Act (ADA) appeared first on Integrity HR.

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 […]

The post Reporting California Labor Law <samp>Violations</samp> appeared first on RecoverMyWages.com.

Minimum Wage Updates for 2018

by Payroll Systems @ Payroll Systems

Fri Mar 09 00:00:24 PST 2018

Effective July 1, 2018 or later this year, minimum wage rates will increase in the following cities, counties, and states: STATE INCREASES Illinois Chicago – Minimum wage increases to $12.00 Cook County – Minimum wage increases to $11.00 Maine Portland – TBD Minnesota Minneapolis – Minimum wage increases to $11.25/100 or more employees, $10.25/99 or less employees Oregon – Minimum wage increases to $10.75 Nonurban Counties – Minimum wage increases to $10.50 Urban Counties – Minimum wage increases to $12.00 Washington DC – Minimum wage increases to $13.25 CALIFORNIA INCREASES Berkeley – Minimum wage increases to $15.00 (effective 10/1/18) Emeryville – Minimum wage increases to $15.00/55 or fewer employees, $TBD/56 or more employees Los Angeles (City and County) – Minimum wage increases to $13.25/26 or more employees, $12.00/25 or fewer employees Malibu – Minimum wage increases to $13.25/26 or more employees, $12.00/25 or fewer employees Milpitas – Minimum wage increases to $13.50 Pasadena – Minimum wage increases to $13.25/26 or more employees, $12.00/25 or fewer employees San Francisco – Minimum wage increases to $15.00 San Leandro – Minimum wage increase to $13.00 Santa Monica – Minimum wage increases to $13.25/26 or more employees, $12.00/25 or less employees WHAT EMPLOYERS NEED TO DO Consider local governing minimum wage requirements. Minimum wage must be paid at the highest rate mandated for the employer’s locale. Increase wages for employees making less than the new minimum required amount. Consider payroll processing implications when determining the effective date of the wage change.  For example, if wages are increased effective July 1, employees may have different base pays in a single pay period. Review and amend company policies that are paid at minimum wage, for example: travel pay that is paid at minimum wage. Review and amend, if applicable, pay scales for exempt staff considering all Federal, State, and local wage requirements. For example, specific California Wage Orders require that an exempt employee’s monthly salary must be at least two times the State minimum wage for full time employment.   Contact your Payroll Client Manager for assistance in updating your employees’ pay rates, if applicable. Values are subject to change – for more updates, follow our blog by filling out the form below!

U.S. DOL Investigation Results in Farm Labor Contractor Paying $168,082 in Penalties

by Payroll Masters @ Payroll Masters

Fri Feb 23 11:52:06 PST 2018

SOLEDAD, CA – Following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Future Ag Management Inc. – a Soledad, California-based farm labor contractor – will pay $168,082 in penalties to resolve Migrant and Seasonal Agricultural Worker Protection Act (MSPA) violations that...

The Question of Uniforms in the Workplace and Reimbursement Policies in CA

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Mar 04 16:00:42 PST 2018

If you were asked to name a few chains, restaurants, or business that required their employees to wear uniforms, chances are several brands would come to mind. In various sectors, whether it be the hospitality industry or fast food chains, employees’ outfits identify them to clientele in need of assistance and serve advertising purposes. For.... Read More

The post The Question of Uniforms in the Workplace and Reimbursement Policies in CA appeared first on Aiman-Smith & Marcy.

New California Workplace Safety Regulation to Protect Hotel Housekeepers from Injury

by Payroll Masters @ Payroll Masters

Tue Mar 13 15:14:05 PDT 2018

California has adopted a new workplace safety and health regulation to prevent and reduce work-related injuries to housekeepers in the hotel and hospitality industry. This is the first ergonomic standard in the nation written specifically to protect hotel housekeepers. The new standard, which will be...

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. […]

The post Are <samp>Unpaid Internships</samp> Legal in California? A Law Guide for Interns appeared first on RecoverMyWages.com.

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

by Rebecca Bernhard @ Quirky Questions

Fri Nov 10 11:59:45 PST 2017

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing racist or derogatory remarks. Often, the employer—or sometimes, the rest of the online community—will demand that the employee be fired. In such […]

Five universal business lessons from Danny Meyer

by Anthony Zaller @ California Employment Law Report

Fri Mar 23 23:47:33 PDT 2018

When he opened his first restaurant at 27 years old (Union Square Cafe) and it took another 10 years after that for Danny Meyer to open his second restaurant, Gramercy Tavern.  But then four years later there were two, and the rate he started opening restaurants quickly grew, becoming one of the world’s most successful...

The post Five universal business lessons from Danny Meyer appeared first on California Employment Law Report.

6 Benefits of Outsourcing Your Payroll Management

by Payroll Systems @ Payroll Systems

Fri Mar 16 01:00:42 PDT 2018

As your company begins to grow, managing payroll for your employees can become tiresome, expensive, and complicated! Doing your payroll in-house requires you to calculate, file and pay federal, state, and local payroll taxes accurately, keep up with changes in tax regulations to ensure you are staying compliant with the law, cut and print your own checks, and assume responsibility for any penalties associated with tax filing omissions. But don’t be discouraged – payroll is a business function that CAN, and probably should, be outsourced. Here are some advantages to outsourcing your payroll management to consider if you are on the fence: 1. It’s cheaper Save money on overhead costs. Each pay period, administering payroll involves the following tasks: Calculate employee hours, deductions, PTO, sick leave and taxes Print, sign, and distribute paychecks and stubs to employees Process direct deposits and electronic payments Prepare and submit local, state, and federal payroll taxes In addition, the employee(s) who processes the payroll is responsible for keeping up-to-date with new tax rates/laws. This is paid time that could be allocated to different areas of their job. 2. You’ll stay compliant with federal and state law There are many tax codes and payroll regulations that you need to stay on top of and understand. Avoid any mistakes and the legal responsibility of inaccurate reporting. Hiring an outsourced payroll service can help to minimize your risk of these mistakes and wrong calculations. 3. You’re supported by experts Payroll companies have a team of experienced professionals in the payroll and HR industry who are likely staying current with the ever-changing tax codes and payroll regulations mentioned above. You’re guaranteed expert advice, resources to refer to, and answers to your questions. 4. Oh, the time you’ll save! Significant labor hours are spent processing payroll and W2s – it is not a productive use of time for your business, but it needs to get done. Your human resources or accounting personnel responsible for payroll could instantly free up their time to focus on more strategic tasks by allowing a payroll service bureau to take over this part of the job. 5. Employees have access to their own information Employees are given access to their own personal information with payroll service bureaus who also have an HRIS (Human Resource Information System) product. This eliminates any delay in getting employee information they need. They can also update their information (e.g. address changes) and enroll for benefits – saving both the employer and employee time. 6. You can focus on your core business Ultimately, with the time and money saved by outsourcing your payroll, you can focus on what’s most important – your company’s mission. It’s one less thing for you to worry about! If you’re interested in outsourcing your payroll, contact us today!

What Break Periods Am I Entitled To? (2018)

by Eugene Lee @ California Labor and Employment Law

Sat May 20 13:30:35 PDT 2017

Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements…

The post What Break Periods Am I Entitled To? (2018) appeared first on California Labor and Employment Law.

Two to Three Month Leave of Absence Not a Reasonable Accommodation, 7th Circuit Holds

by Julie Furer Stahr @ Employment Law Landscape

Mon Oct 02 14:36:07 PDT 2017

How long is too long, when an employee requests leave for medical reasons? Employers have received welcome guidance from the Seventh Circuit U.S. Court of Appeals on this question. In Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017), the Seventh Circuit held that a request for a two to three month leave of... Continue Reading

When is it Proper to Classify Delivery Drivers as Independent Contractors?

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sun Sep 21 22:00:36 PDT 2014

This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent contractors and employees can be an important  one when it comes to […]

Quirky Question #284: If a tree falls in the forest and no one hears it, can you still unlawfully retaliate against it?

by David Y. Trevor @ Quirky Questions

Wed Jul 13 10:20:06 PDT 2016

Question: One of our male supervisors wants to fire a female employee who complained that he was sexually harassing her. The harassment allegations appear to have some substance: he asked her for pictures of herself in a bikini; told her to “stay off [her] knees,” which she viewed as sexual innuendo; and told her that […]

Male Sexual Harassment Claims on the Rise: A 10-Point Checklist for Prevention Training

by EKO @ EKO

Tue Jun 10 17:15:32 PDT 2014

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the Cheesecake Factory will pay $345,000 to settle a lawsuit alleging that six male employees were sexually harassed by male kitchen workers at one of the chain’s restaurants in Phoenix. Managers allegedly witnessed the harassment – which included groping, sexual comments, and forced simulations of […]

The post Male Sexual Harassment Claims on the Rise: A 10-Point Checklist for Prevention Training appeared first on EKO.

Client Spotlight – The Floor Store

by Payroll Systems @ Payroll Systems

Wed Feb 21 01:00:36 PST 2018

The Floor Store was founded in 1983, after a married couple went through a very challenging experience remodeling their home. It has since expanded to a total of 9 locations around Northern California including: Richmond, Concord, Dublin, San Francisco, San Rafael, Santa Rosa, San Carlos, Sunnyvale, and Pittsburg. What really makes The Floor Store special is that they are still a family-owned and operated business with over 150 employees (and growing!) The husband and wife who founded The Floor Store maintain a substantial involvement by making frequent visits to each store front. Their quick and steady growth can be attributed to keeping customer satisfaction their number one focus. The Floor Store has been “Diamond Certified” for 9 consecutive years – this means, they have a customer satisfaction rating of 98% or higher! Not only do they keep their customers happy, but their employees too. Employee loyalty is extremely present as many of their associates have stayed with the company since the very beginning. We spoke with Jamie Richards, The Floor Store’s HR Generalist, to grasp a better understanding of the growth of the company and the challenges Human Resources has faced along the way. As the company continues to scale, the number of employees under payroll becomes more difficult to manage. “Having worked previously with other organizations where payroll processing was a part of the job, using Payroll Systems has made it so easy. They are a great partner to work with, and their services allow us to focus on employee development and the company vision,” she says, “We’ve been using [Payroll Systems’] payroll services, but I recently engaged Time Works Plus for our Time and Labor Management. The transition was so seamless. We’ve received positive feedback from employees. Even our IT department said it was the best time clock system they had ever seen.” Some of the products The Floor Store offers are carpet, hardwood, laminate, stone, tile, luxury vinyl, rugs, and more recently, countertops. CEO and Founder, Larry Flick, has extensive knowledge in the flooring industry as he grew up with plenty of exposure to the carpet and textile industries. Looking ahead, one of the main goals of the company is to offer more products and expand into additional markets. Implementing an “at-home” option where The Floor Store representatives bring the showroom to the customer rather than the customer visiting the showroom is in the works! And although you can’t order their products online, The Floor Store’s website is vastly informative. Questions about installation of the flooring, how to maintain it, and helpful tips to choose the best flooring option for your needs are all addressed. Visit their website to find a showroom nearest you!

Ping-Pong Anyone? NLRB Vacates Hy-Brand and Reinstates – For the Moment – Browning-Ferris

by Henry W. Sledz, Jr. @ Employment Law Landscape

Wed Mar 07 09:58:45 PST 2018

As we had previously reported, in 2015 the then-Democrat controlled National Labor Relations Board (NLRB) in the Browning-Ferris case ruled that a joint employer relationship could be found if an entity had mere indirect or potential control over individuals employed by another entity. This decision reversed decades of precedent in which the NLRB held that... Continue Reading

Can Your Employer Keep You On-Call Without Pay?

by Aiman-Smith & Marcy @ Aiman-Smith & Marcy

Sun Mar 11 18:40:24 PDT 2018

The answer is: It depends. Although it might seem unpleasant to be stuck on call, your employer may not need to compensate you.’ Part of the distinction is the rather unclear “Waiting to be engaged” versus “Engaged to wait” terminology. To put it in simple terms, you are entitled to compensation if any of the.... Read More

The post Can Your Employer Keep You On-Call Without Pay? appeared first on Aiman-Smith & Marcy.

How to Calculate a Raise

by Rachel Gray @ Payroll Tips, Training, and News

Wed Mar 14 05:10:09 PDT 2018

Employees have money on their minds. According to a Gallup poll, 59% of employees were not completely satisfied with their current pay. And, one SHRM survey found that 44% of respondents said they would leave their job to make more money elsewhere. To avoid losing their top employees, many businesses offer pay raises. Learn why employee […]

The post How to Calculate a Raise appeared first on Payroll Tips, Training, and News.

Top 3 Tips To Get Millennials To Stay At Your Business

by Integrity HR @ Integrity HR

Thu Mar 01 11:31:31 PST 2018

Succession planning has been a staple in the professional arena for decades. Identifying and forming new leaders is crucial for […]

The post Top 3 Tips To Get Millennials To Stay At Your Business appeared first on Integrity HR.

Robots Are Taking Our Jobs! UBI and the Future Workplace

by Rabia Z. Reed @

Wed Feb 21 06:00:20 PST 2018

Seyfarth Synopsis: From Mark Zuckerberg to the mayor of Stockton, the concept of Universal Basic Income is catching fire. What is this newfangled concept, and what can employers expect in the new emerging economy?

UBI – What Is It?

Universal Basic Income—“UBI”—is a form of social security, or a citizen’s stipend, to ensure everyone with a basic income from the … Continue Reading

Labor Law Posters FAQs – Update Yours For 2018

by Payroll Systems @ Payroll Systems

Wed Dec 27 12:01:47 PST 2017

Labor Law postings in workplace areas are required in every state if you have employees on payroll in those states. For example, if your company is headquartered in the Silicon Valley or San Francisco Bay Area, but you have multiple locations across the country and have employees on payroll at each location, this applies to you! First, let’s dive into the nitty-gritty and answer some FAQ’s about labor law posters.   What are labor law posters?  In the state of California, each business is required by law to have compliance postings displayed in the buildings/facilities that their employees are working. State and federal labor law postings are mandatory as they cover topics like minimum wage changes and ordinances about health & safety. Where can I get a labor law poster?  Full-sized and laminated labor law posters are available for purchase from the following locations: Staples Office Depot If you are in California, you can print a downloadable version from the State of California’s Department of Industrial Relations website: www.dir.ca.gov (there are specific regulations when printing directly from a government site; if you print without following those guidelines, your posters may not be compliant) If in a different state, all requiring agencies provide downloadable versions for free. However, there may be other labor law poster requirements that may not be included, and these posters are not guaranteed up-to-date. Payroll Systems offers a year-round labor law posting compliance solution that includes a new poster every year at no extra charge as part of our HR services. Our HR services also include real time telephone access to an HR expert, an e-library on a variety of HR topics, and video training tools for your employees. If you are interested in learning more about our HR services or how to obtain a labor law poster solution, contact us today by filling out the form below! Where do you display labor law posters?  Labor law posters should be displayed somewhere apparent to all employees on a daily basis, such as a break room or main lobby. If you have multiple locations, then each workplace should display its own posters. What is the penalty for failing to display labor law posters?  Federal and state fines are imposed by various agencies. These fines may vary. Failure to comply with posting regulations can result in fines of up to $33,486 per location (29 USC Sec.666(i) and 29 USC Sec.2005). Examples of the most common fines are: Federal FMLA $166 per offense Federal Employee Polygraph Protection Act – The Secretary of the Labor can bring court actions and assess civil penalties for failing to post. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) may bring court actions and assess civil penalties as well. For failing to post the Federal Equal Employment Opportunity is the Law Poster – You can receive a penalty that is up to $534 per violation. For failing to post the Federal OSHA poster – A civil penalty of up to $12,674 may occur. For failing to post the CAL/OSHA Poster – You can receive a penalty of up to $7,000 per violation. What if there are labor law updates mid-year? Will we be receiving new posters?  Updates are very common and need to be displayed. Payroll Systems clients on HR Services are proactively sent e-updates every time a state or federal update occurs, the compliant PDFs can be easily displayed next to their posters. Make sure your poster service is providing mid-year updates. Our headquarters are in California, but I have remote employees in different states, are labor law posters required in those additional locations?  If you own a business in California but have multiple locations across the country with employees on payroll at each location, you are required by law to have a labor law poster at those locations too! Make sure you have posters up at every location you have employees working. This applies to remote workers as well; electronic versions of these posters are great substitutes for your employees who don’t work in any of your offices/locations. Giving your employees access to what the labor laws are is what matters. However, electronic versions of the labor law posters are not good substitutes for the rest of the business. These posters MUST be posted up in a common area of your work space. Remote workers are permitted to receive electronic versions. Don’t forget to contact us if you want more information regarding Labor Law Posters!

Five Tax Credits That Can Reduce Your Taxes

by Chris Cooke @ Cooke & Associates

Tue Feb 23 08:01:28 PST 2016

Tax credits help reduce the taxes you owe. Some credits are also refundable. That means that, even if you owe no tax, you may still get a refund. Here are five tax credits you shouldn’t overlook when filing your 2013 federal tax return: 1. The Earned Income Tax Credit is a refundable credit for people […]

The post Five Tax Credits That Can Reduce Your Taxes appeared first on Cooke & Associates.

DOJ Antitrust Division Again Emphasizes Risks of “No-Poach” Agreements

by Steven J. Cernak and William M. Hannay @ Employment Law Landscape

Tue Jan 30 09:00:03 PST 2018

In a recent speech, the head of the Antitrust Division of the U.S. Department of Justice (DOJ) once again warned companies about the antitrust risks of certain agreements among employers not to hire each other’s employees. The Federal Trade Commission and DOJ Antitrust Division have challenged these agreements for years. To avoid the new criminal... Continue Reading

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

The post 2018 California State Minimum Wage Increases appeared first on California Payroll.

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 […]

The post The California <samp>Executive Exemption</samp> appeared first on RecoverMyWages.com.

California Supreme Court Issues Worker Friendly Overtime Ruling

by Payroll Masters @ Payroll Masters

Mon Mar 12 09:30:39 PDT 2018

Overtime pay in California is based on the employee’s “regular rate of pay,” which is not always an employee’s normal hourly wage and must include almost all forms of pay that the employee receives. But how do you calculate the regular rate of pay when...

Motor Carrier Exexmption For Tour Bus Drivers Who Do Not Cross State Lines

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Mon Nov 13 21:33:58 PST 2017

One of our blog readers has reached out to us with the question about the Motor Carrier Act Exemption (“MCA”). He wanted to know whether he was exempt from the federal overtime requirement of the Fair Labor Standards Act. Specifically, he asked us the following question: I work as a tour bus driver for a […]

When “try out” time needs to be paid under California law

by Anthony Zaller @ California Employment Law Report

Fri Mar 09 18:13:56 PST 2018

When hiring an employee, employers need to be mindful that any tests of the employee’s skills during the hiring process does not cross the line to become actual work that the applicant must be paid for.  Employers sometimes will ask applicants to demonstrate their food preparation skills in a restaurant setting, handling tools in a...

The post When “try out” time needs to be paid under California law appeared first on California Employment Law Report.

Labor Law Updates expected in 2018 and What You’ll Need to Do as an Employer

by Ed @ Labor Law Education Center: Learn About Labor Laws in Your State

Mon Oct 23 11:37:19 PDT 2017

As Labor Day has come and gone and the end of the year quickly approaches, now is the time employers should educate themselves on expected labor law changes in 2018. While 2018 is still months away, we have gone ahead and gathered a full list of all the updates to be on the lookout for...

The post Labor Law Updates expected in 2018 and What You’ll Need to Do as an Employer appeared first on Labor Law Education Center: Learn About Labor Laws in Your State.

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, […]

The post At Will Employment California, <br>Can My Boss <samp>Fire Me At Anytime?</samp></br> appeared first on RecoverMyWages.com.

Hiring practices for employers in 2018 (part 1)

by Anthony Zaller @ California Employment Law Report

Wed Mar 14 17:19:50 PDT 2018

California employers need to review their hiring processes, interview questions, and on boarding practices to comply with California’s new laws regarding what types of questions can be asked and background checks. This video contains few portions of a presentation I conducted for a group of California employers covering new hiring laws facing California employers in...

The post Hiring practices for employers in 2018 (part 1) appeared first on California Employment Law Report.

Learn about best employment law practices for 2018

by Anthony Zaller @ California Employment Law Report

Mon Feb 12 17:11:21 PST 2018

My firm is hosting a seminar for business owners, in-house counsel, human resource professionals, and managers to learn about and how to implement best practices at the start of 2018.  Plus, get to see the newly renovated Proud Bird and enjoy some light food and drinks during the mixer. Our attorneys will be speaking about:...

The post Learn about best employment law practices for 2018 appeared first on California Employment Law Report.

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

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 […]

The post <samp>Computer Professional</samp> Exemption – A California Guide For Employees appeared first on RecoverMyWages.com.

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 […]

The post <samp>Outside Sales Exemption</samp> To California Employment Law – A 2018 Guide appeared first on RecoverMyWages.com.

5 Employee Recognition Techniques for Employee Retention

by Payroll Systems @ Payroll Systems

Fri Feb 23 01:30:12 PST 2018

It’s only human to want to feel a sense of recognition and appreciation for your hard work and dedication. Some companies lose their best employees simply because the working environment doesn’t give them enough recognition, or validation that the work they are producing is making an impact. In honor of Employee Appreciation Day coming in March, let’s take a moment to evaluate your employee recognition strategy. What are you doing to make your employees feel special? Is it frequent? Here are a few tried and true techniques of showing your employees they are appreciated: Employee Appreciation Day Invest in an annual or quarterly Employee Appreciation Day. Ensuring your company provides a balanced working environment for your employees, how about a half-day of paid time dedicated to fun? Cater some food, organize some activities that employees could participate in and win prizes, have them invite their family to meet the team, etc. An event like this that takes place in the workplace could alleviate the association of stress with coming to work. Handwritten Thank-You Notes If an employee completes a task, takes initiative, or goes above and beyond in their efforts, a handwritten note to acknowledge their hard work can go a long way. It shows that you care, that you notice, and that what they are doing is making a difference for the company. It doesn’t have to be paragraphs of sappy gratitude, but a simple “thank you for taking time on this project” may suffice. Gifts for “Years of Service” Often, companies get lucky when employees choose to stay for a long time. Reward them with gifts when they’ve been with the company for 1, 5, 10, or 15 years! Put together a catalog of gifts that employees can choose from come time for these working milestones. Company Picnic/Holiday Party During times that aren’t considered business hours (e.g. evenings after work or on the weekends), you can organize company dinners or parties depending on the size of your company. This is a once-a-year event fully equipped with dinner/lunch, unlimited, non-alcoholic beverages, raffles or games, and maybe even speeches/awards. Organizing an event like this gives employees an opportunity for a good time with their coworkers outside of the office while being recognized for their hard work. Surprises Randomly bring a box of donuts for your team in the morning. Cater lunch every now and then. Pass out Starbucks gift cards. Anything that shows you care. Surprising your staff with goodies on an impromptu basis doesn’t hurt. No matter what you decide, these simple acts of gratitude let members of your team know they are valued and without them, the business wouldn’t succeed! For more tips to keep employees happy throughout the year, make sure to follow our blog! 

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 […]

Go-to termination practices employers need to consider

by Anthony Zaller @ California Employment Law Report

Fri Feb 23 21:38:17 PST 2018

Employee terminations and resignations must be planned for in advance to avoid common pitfalls for California employers.  I’ve recently written about go-to hiring practices for employers, so I thought it would be appropriate to follow that post up with this list of go-to termination practices.  This Friday’s Five focuses on critical management and legal considerations...

The post Go-to termination practices employers need to consider appeared first on California Employment Law Report.

$25 Annual Service Fee

by Taylor @ Child Support Services

Wed Mar 01 11:36:42 PST 2017

The $25 Annual Service Fee assessment for never-aided cases begins October 1, 2015...

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 […]

The post California <samp>Labor Board</samp> Complaint – How To File appeared first on RecoverMyWages.com.

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

The post Social Security Payroll Tax Deduction Rate Increase for 2018 appeared first on California Payroll.

New OT Law Leaves Little Wiggle Room for Companies

by Chris Cooke @ Cooke & Associates

Tue Jun 21 07:19:16 PDT 2016

Are you aware that the Department of Labor and the Fair Standards Act will mean higher costs for some companies? Millions of additional Americans will qualify for overtime pay under a major change in federal labor law announced recently by the Obama administration. The change under the Fair Labor Standards Act doubles the annual salary […]

The post New OT Law Leaves Little Wiggle Room for Companies appeared first on Cooke & Associates.

Should My Employer Pay Me for Travel Time From Home to Distant Job Site?

by Alexei Kuchinsky, Esq @ San Francisco Employment Law Attorney Blog

Sat Nov 28 22:29:55 PST 2015

This is another post in a Q-&-A format written to educate employees and employers on the issue whether work related travel time from home to a distant job site is compensable.  Hypothetical Legal Problem:  I work as a mover for a company that often requires me to drive to job sites located unusually far from […]

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