What California Employers Need to Know about Wage and Hour Law Compliance

This episode is a deep dive into the complexities of state versus federal regulations, the nuances of the Private Attorneys General Act (PAGA), and the critical ABC test for employee classification. From joint employer rules to the intricacies of wage order postings and commission agreements, this discussion is packed with essential insights. Join Brett and Jared as they dissect the critical aspects of wage and hour law compliance, offering a wealth of knowledge to help you steer clear of legal pitfalls and maintain a compliant and efficient workplace. 

 

Highlights:

• Don’t forget to follow Sutton Hague on social media! 

• So many businesses don’t realize they’re in the red with wage and hour law compliance.

• Brett explains the difference between wage and hour California state law vs. federal law. 

• This subject can be a constant moving target for employers. It is hard to keep track if you do not have active legal counsel. 

• What do people need to know about the Private Attorneys General Act (PAGA)? 

• Under PAGA, employees can file on behalf of other employees who suffered from a different violation than they did. 

• What is the ABC test to determine if you have an employee vs. an independent contractor? 

• You need to know who your employees are and what they’re classified under. 

• What is the joint employer rule and how does that affect you conducting business with another business entity? 

• In labor code section 2810.3, if you have more than 25 employees and use more than 5 temporary workers from a staffing agency, you share liability over those people. 

• Are Vice Presidents with a six-figure salary exempt employees under California law? This is false! 

• Wage order posting requirement: What you need to know and how to determine which one to post based on your business. .

• You need to have written commission agreements for your employees. 

• There is a PAGA penalty for every single labor code violation. Even if you paid your employees correctly, but don’t have the correct agreements in place, you could be subjected to penalties. 

• You must have a paper trail. This includes payroll records. 

• By the way, rest periods are counted as hours worked. Should you track these ‘rest’ periods?

• If an employee asks you for a hard copy of their pay stub, you must give it to them. 

• It should be displayed very, very clearly an employee’s overtime wage rate. 

• Should employers mail out checks to terminated employees? 

• What does an employer do if an employee quits but they weren’