Overtime laws vary by states. For instance, overtime under California law is calculated based on the “regular rate of pay.” This includes all forms of remuneration, such as non-discretionary bonuses, piece-rates, commissions, etc. Conversely, with respect to meal and rest periods, California law states that these must be paid at an employee’s “regular rate of compensation.” However, California law does not define what regular rate of compensation means.
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Does ‘Compensation’ Mean ‘Pay’ Under California Law? Posted on: May 29, 2019 In: Labor & Employment
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Non-Competition Agreements – Bracing Yourself Against the Winds of Change Posted on: May 23, 2019 In: Labor & Employment
As noted in our May 10 client alert, Washington has now joined several other states (Idaho, Utah, Massachusetts, Nevada, Oregon, New Mexico, and Illinois) that have recently amended their non-compete statutes to provide more protections for employees. The Washington statute is instructive for employers because, in addition to a new wage threshold, it contains several of the restrictions or limitations that are trending in proposed legislation across the country.
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Non-Competition Agreements, Part 2: Making It Hard to Say Goodbye Posted on: May 14, 2019 In: Labor & Employment
Like any relationship, a separation between an employer and employee can be difficult. It can be even worse if one party is surprised by the separation. Non-competition agreements are an important tool for employers to help mitigate the difficulties of employment separation, especially when it is the employee doing the leaving. Here are three tips for employers using or thinking about using non-competition agreements/
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3 Tips to Help Your Business Acclimate to the New Landscape of Legal Marijuana Posted on: May 09, 2019 In: Labor & Employment
Amazing though it may seem, we are living in the brave new world of legalized marijuana, a development that just a few years ago was likely unthinkable to the average employer. In 2019, ten states and Washington, D.C. have legalized recreational marijuana for adults over 21, while 33 states have legalized medical marijuana. More states, such as Illinois, are expected to legalize recreational marijuana soon. Employers must acclimate to the rapidly-changing drug landscape. Here are three helpful tips to get
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Bring-Your-Own-Device Policies: What Employers Need to Know Posted on: May 08, 2019 In: Labor & Employment
Chances are good that you’re reading this on a smartphone or other mobile device. It’s also likely that a great deal of your workforce currently uses their smartphone or other mobile device in performing job duties. As such, many employers are either expressly or impliedly implementing Bring-Your-Own-Device (BYOD) policies that allow workers to use their own devices for work-related tasks.
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California Employers: Don’t Forget to Post the New Family Care and Medical Leave and Pregnancy Disability Leave Notice Posted on: May 06, 2019 In: Labor & Employment
The California Fair Employment and Housing Council (FEHC) just released an updated Family Care and Medical Leave and Pregnancy Disability Leave notice. Beginning April 1, 2019, California employers with 20 or more employees must post in their workplace this new notice that explains employee rights to take job protected leave under three California leave laws — the California Family Rights Act (CFRA), the Pregnancy Disability Leave (PDL) law, and the New Parent Leave Act (NPLA).
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