California Supreme Court Sheds Light on the Definition of "Employer", Martinez v. Combs, (SC 121552)
On May 20, 2010, the California Supreme Court issued an important wage and hour opinion that involves the definition of the term "employer" in the context of wage and hour liability.
Advisory To Country Clubs Re: Classifying Staff as Independent Contractors and Not Employees
In this tough economic climate, many clubs are looking for ways to ease the financial burden imposed by expensive employment relationships. Often the employers turn to the possibility of converting their employees to independent contractors.
Mortgage Loan Officers May Not be Properly Classified as Exempt Under the Administrative Exemption
Many banking and financial institutions have historically classified mortgage loan officers as exempt employees under the federal Fair Labor Standards Act ("FLSA").
Exceptions to the Minimum Wage For Organized Camps in California
Organized camps enjoy special rules in California that allow them to pay some employees less than minimum wage. However, the rules are also confusing and, in some instances, contradictory.
Prevailing Wage Classifications
Are you about to bid on a prevailing wage project? Are you in the middle of one? What rates should you pay your workers? Is it just a matter of looking up classifications on a chart on the Internet and then paying your workers according to their trade - as carpenters, masons or laborers?
Classification of Employees as Independent Contractors
Are you thinking about classifying some of your employees as "independent contractors" and issuing a 1099, in order to save worker's compensation premiums, payroll taxes or other employer contributions? If the employee agrees, then it is voluntary and lawful, right?
Employees' Rights To Privacy at Work
Do your employees have a complete right to privacy within your workplace? Or do you, as the business owner, have the right to monitor everything that goes on in your place of business? The answers might surprise you.
Do you have a website for your business, or do you plan to create one soon? Have you thought about how your company's Internet presence raises a number of liability issues? Please consider the following issues, which may affect your use of a website.
Does At-Will Employment Really Mean What You Think It Means?
We are often asked by clients, "Do I have to have a reason to terminate employees if they are at-will?" Well, yes and no. Think of it this way. When you make the decision to terminate an employee, you do not have to have a reason if they are at-will, but you have a reason nevertheless.
