Brushing Up On California Wage & Hour Laws

September 2017


September 2017  
George Camerlengo
Brushing Up On California Wage & Hour Laws


Federal and state laws determine how employee hours are calculated and what their resulting pay should be. However, California laws and even certain city requirements, can often differ from Federal law, making it difficult for employers to know when to abide by California law versus Federal law.

The following article examines this issue, as well as an overview of wage and hour laws and regulations in California every employer should be familiar with.
             
                                            Read the article.
So you think you know the law
So You Think You Know The Law

True or False?
Employees that quit voluntarily and do not provide advance notice to the employer, must be paid wages earned within 24 hours of the employee’s last work day.

True or False?
If an employee’s total daily work is less than 3.5 hours, employers must provide at least one rest break. 

True or False?
An employer must keep a record of any deductions made from an employee’s wages. 

True or False?
In California, if both parties agree at the time the work is to be done that the basis of employment is as an independent contractor, with or without a contract, this person is presumed to be an independent contractor.

True or False?
In California, managerial employees who are paid on a salary basis are not entitled to overtime pay.

True or False?
Many, but not all, Labor Code requirements can be voluntarily waived by both the employer and employee.

Gray·Duffy Welcomes Steven G. Wood as 
Of Counsel in the Redwood City Office 

Steve Wood - GRay Duffy
Steven Wood
Gray·Duffy continues to expand its real estate practice with the addition of Steven G. Wood, who joins the firm’s Redwood City office as Of Counsel.

Mr. Wood has more than 30 years’ experience advising and representing commercial real estate investors, brokers, developers, tenants and landlords in a variety of real estate matters, including purchase and sale agreements, commercial leases, commercial broker arrangements, easements and right of way agreements, commercial and residential lender-borrower negotiations and documentation of real property and mixed collateral secured loans.  

Mr. Wood is admitted to practice in all California State Courts, the Ninth Circuit Court of Appeals, and the California federal Northern, Eastern, Central and Southern District Courts. He is a member of the Business, Litigation and Real Property sections of the California State Bar.

He may be contacted at 650-365-7343 or
Announcements

Timothy Thornton Reappointed as Vice-Chair of 
ABA Insurance Coverage Committee
Timothy Thornton

Partner Timothy Thornton has been 
reappointed as Vice-Chair for the American Bar Association’s Insurance Coverage Litigation Committee for the 2017-18 fiscal year. The Committee is part of the ABA Tort Trial & Insurance Practice Section.
 
The Insurance Coverage Litigation Committee seeks to foster professionalism and collegiality among its 2,000 members representing both sides of the insurance coverage litigation bar.
John Duffy
John Duffy
Partner John Duffy
Teaches “Business Ethics and the Law” at 
California Lutheran University

As an Adjunct Professor at California Lutheran University, Partner John Duffy is teaching “Business Ethics and the Law” in the MBA program. Mr. Duffy previously taught at Ventura College of Law on insurance law. 
Firm Recognition
Partner 
Timothy Thornton Listed in The Best Lawyers in America© 2018

Partner Timothy Thornton was selected by his peers for inclusion in The Best Lawyers in America 2018. This marks Mr. Thornton’s eighth year on the list for his work in insurance law.
Partner Richard Williams Selected to 2017 
Northern California Super Lawyers



Partner Richard Williams has been selected for inclusion on the 2017 Northern California Super Lawyers list for his work in civil litigation, alternative dispute resolution and schools & education. Mr. Williams has been named a Super Lawyer for five years.
Recent Success

Gray·Duffy Negotiates Dismissal of Supervisory Employee Who Was Sued in an Employment Harassment/Retaliation Lawsuit

The firm’s client, Rosanna Mendez, was the supervisor for Plaintiff Lemelle. Both were employed by SEIU, a union employer. Litigation was initiated by Plaintiff Lemelle against the employer and the supervisor. The case was resolved by the employer, without any contribution from Ms. Mendez, as part of a global settlement that resulted in a dismissal of the case.
Hear From Our Clients

“I met Gary Gray and John Duffy as a tenant in the same office building 15 years ago, and as I got to know the firm over time, I liked what I saw. Gray·Duffy has an exceptional reputation, and offers integrity and open communication to its clients. I’ve had the opportunity to refer numerous personal injury and breach of contract matters to the firm, as well as serve as co-counsel on a very successful personal injury case. I can say that Gray·Duffy truly puts clients first and wouldn’t hesitate to recommend the firm.”

Jay Tanenbaum, Law Offices of Jay Tanenbaum
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Please Note: These articles are necessarily general in nature and do not substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.