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Expert analysis of the criteria for determining an employee’s exempt classification under state law. Failure to properly classify an employee can be a costly oversight for employers.
California Assembly Bill 5 or AB 5 is a state statute that expands a landmark Supreme Court of California case from 2018, Dynamex Operations West, Inc. v. Superior Court ("Dynamex"). [1] In that case, the court held that most wage-earning workers are employees and ought to be classified as such, and that the burden of proof for classifying ...
Independent contractors are not employees covered by overtime laws and so it is important to determine if a worker is an independent contractor or an employee. Foremost, pursuant to California Labor Code Section 510, non-exempt employees must be compensated at one and a half times the regular rate of pay for all hours worked in excess of eight ...
Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
Proposition 22, a side ballot to overturn a California law that made drivers full employees, passed by a wide 58 to 42 percent margin in the state. California votes to exempt Uber and Lyft from ...
“Whether it covers anyone or not, I have no idea,” a state labor attorney said of the bakery carve-out. California labor agency agrees with Newsom, suggests Panera not exempt from new minimum wage
The board sets and enforces rules for state civil service appointments and exams, and maintains a staff of administrative law judges to resolve various human resources issues, such as whistleblower complaints, disability and medical condition discrimination complaints including reasonable accommodation denials and appeals from unfavorable human resources decisions (e.g. reprimand, salary ...
An employer can use a single LCA for multiple employees provided they are all in the same occupation and the same visa class (i.e., a single petition cannot be used for both H-1B and E-3 workers). Also, in the case of H-1B-dependent employers, different petitions must be used for exempt and non-exempt workers. [15]