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How To Comply with California Wage & Hour Law

How To Comply with California Wage & Hour Laws

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How To Comply with California Wage & Hour Laws

BLR's fully revised and updated HR Management & Compliance Report, How To Comply with California Wage & Hour Law, covers everything you need to know to stay in compliance with the state's complex and ever-changing rules, laws and regulations in this area.

This information-packed 170+ page guide, written by an experienced California employment lawyer, features in-depth coverage of all the topics you need to know about in an easy-read, quick-reference style:

  • The California Labor Code vs. the federal Fair Labor Standards Act (FLSA)
  • Who the California wage/hour laws apply to
  • The Wage Orders that cover your organization
  • Hours of work—including travel time, make-up time, meal and rest periods, and the definition of "hours worked"
  • The rules for hourly, salary, and piece-rate pay
  • Bonuses, profit-sharing plans, and tips
  • Overtime and double-time wages
  • Alternative workweeks
  • Tools and equipment, uniforms, and work-related expenses and losses
  • Paid time off—vacation, PTO, holidays, and sick leave
  • Unpaid time off
  • When and how employees must be paid
  • Payment of final wages upon termination
  • Deductions from pay
  • Recordkeeping requirements
  • Pay-related discrimination
  • A brand-new appendix of breaking wage/hour developments from the past year that you need to know about
  • And much more!

Plus, the latest updates found in this edition:

  • How the temporary injunction blocking the federal overtime rule affects exempt employees in California
  • What employers need to know about possible individual liability for wage and hour violations
  • Latest information on California’s equal pay law, including changes taking effect January 1, 2017

Buyers' Benefit: You are enrolling in an automatic update program and will receive annual updates sent on a 90-day approval basis and billed separately. You may cancel this automatic update program at any time.

Table of Contents

Chapter 1:  Introduction

What does ‘wage and hour’ law cover?
The California Labor Code vs. the federal FLSA

Chapter 2:  Who’s covered by California wage and hour laws?

Wage and hour laws apply to ‘employees’
‘Employers’ are responsible for wage and hour compliance

Chapter 3:  Getting to know the wage orders

Who do the Wage Orders cover?
Determining which Wage Order applies
Which wage and hour rules are covered by the Wage Orders?
Special Wage Order requirements to know about

Chapter 4:  Hours of work

Timekeeping requirements
Regular workweeks
Regular workdays
Definition of ‘hours worked’
Meal and rest periods
Recovery periods
Travel time
Makeup time
Reporting and standby time
Training time and ‘tryout’ time
Uniform and protective equipment changing time
No ‘off-the-clock’ work allowed

Chapter 5:  Regular wages—hourly, salary, and piece-rate pay

The regular rate
Minimum wages
Split shifts
Different rates of pay for different types of work
Paying nonexempt employees an hourly wage
Paying nonexempt employees on a salary basis
Paying nonexempt employees on a piece-rate basis
Paying nonexempt employees on an hourly/salary plus commission basis

Chapter 6:  
Bonuses, profit-sharing plans, and gratuities

Discretionary and nondiscretionary bonuses

Chapter 7:  Overtime and double-time premium wages

Exempt employees are not entitled to overtime
Daily and weekly overtime for nonexempt employees
Calculating basic overtime rates—only one pay rate
Determining the regular, overtime, and double-time rate for employees paid on a piece-rate basis
Calculating the weighted average—employee earns multiple pay rates
Retroactively calculating overtime pay when employee earns a nondiscretionary bonus
Calculating the overtime and double-time rate when the employee earns a wage/salary plus commission
Types of compensation that do not have to be included in overtime and double-time rate calculations

Chapter 8:     Alternative workweeks and overtime premiums

Alternative workweek schedules alter when daily overtime is owed
Implementing an alternative workweek schedule
Repeal of an alternative workweek schedule

Chapter 9:  Missed meal and rest period premium wages

Chapter 10:  Tools and equipment, uniforms, and work-related expenses
and losses

Tools and equipment
Limited exception for certain hand tools
Purchase and maintenance of uniforms
Deductions from wages for tools, equipment, and uniforms not returned at termination
Work-related expenses and losses—reimbursement and indemnification

Chapter 11:   Paid time off—vacation, PTO, holidays, and sick leave

Paid sick leave
Choosing between a vacation policy and a PTO policy
No ‘use-it-or-lose-it’ policies
Partial-day absences
Introductory periods and scheduling when vacation/PTO time can be used
Paid holidays

Chapter 12:   Unpaid time off

Chapter 13:   When employees must be paid

Regular and premium wages
Safe harbor for late overtime payments
Payment of bonuses and commissions
Final wages and waiting time penalties

Chapter 14:   How employees must be paid

‘Payable without discount on demand’
No wage payments by scrip
Payroll ATM machines

Chapter 15:   Deductions from wages

Written authorization not required
Written authorization required
Overpayments and payroll adjustments
Unlawful deductions

Chapter 16:   Accurate wage statements

Wage statement must be ‘accurate’
Penalty for failing to provide accurate wage statements
Responsibility for accurate wage statements does not shift to payroll processing companies

Chapter 17:  Recordkeeping requirements

Timekeeping and payroll records
Employees have a right to inspect payroll records and personnel files

Chapter 18:  Pay-related discrimination, misrepresentations, and 
miscellaneous rules

Equal pay laws
Unlawful employment inducements
Immigration status not relevant to wage claims
Wage and working condition disclosure
Whistleblower protections
No fees may be charged to job applicants
Special rules related to collective bargaining agreements

Chapter 19:  Penalties for not getting it right

Chapter 20:  Prevention is the best protection

Chapter 21:  Responding to wage and hour complaints

Chapter 22:  Key mistakes to avoid making