Business Law

Time Clock Rounding

Time clock rounding is legal under federal and California law. Time clock rounding is the practice of adjusting raw employee punch-in and punch-out times to a standardized, nearest time increment. It is typically justified as a way to simplify payroll calculations or to provide a minimal amount of time warranted for completing recognizable Read more…

By justin, ago
Employment Law

Overtime Pyramiding in California

Overtime pyramiding is the (often mistaken) practice of counting the same hours against two different overtime limits. The most common example of overtime pyramiding is using hours that have been counted against daily overtime to calculate a weekly overtime limit. This is especially common because daily overtime is usually a Read more…

By justin, ago
Employment Law

Vacation v. Sabbatical

Most California companies offer employees vacation time. Vacation time is considered an employment benefit and also a form of compensation. Specifically, under California law, if an employee has unused accrued vacation at the end of his/her employment, the employer must pay out the unused but accrued vacation in their final Read more…

By justin, ago
Civil Litigation

Declaratory Relief

Declaratory Relief is a legal procedure designed for those seeking “preventive justice.” Specifically, its purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.” It is a vehicle to allow a presumptive defendant or respondent take adjudicative action to Read more…

By justin, ago
Employment Law

Employment Protection – Armed Services

When employing or considering the employment of a member of the Armed Services, it is imperative that employers be aware of the strong federal protections put in place for such individuals through the Uniformed Services Employment and Reemployment Rights Act. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) was Read more…

By justin, ago
Civil Litigation

AB 1506 Enacted to Address PAGA Abuses

On October 2, 2015, Governor Brown signed urgency legislation (Assembly Bill [AB] 1506) that immediately amends California’s Labor Code Private Attorneys General Act of 2004 (PAGA) to address increasing civil litigation alleging technical violations of itemized wage statements (pay stubs) issued to employees. Existing law required an employer to provide Read more…

By justin, ago
Employment Law

Importance of Employee Background Checks

If you own your own business, you have a duty to your company and your employees to conduct background checks before you hire new people. Conducting background screening is quickly becoming standard practice in many workplaces and businesses – even all across the world. Every type of organization is mitigating Read more…

By justin, ago
Administrative Law

What is a Skelly Hearing?

A Skelly hearing derives its name from Skelly v. State Personnel Board (1975) 15 Cal. 3d 194. Dr. Skelly, a permanent civil service employee, was terminated from his employment with the State of California. The California Supreme Court determined, among other things, that he was deprived of his due process Read more…

By justin, ago