Contractors and subcontractors working on public works projects, have special requirements for prevailing wages, apprenticeship compliance, and certified payroll records. The following are some useful Labor Compliance Checklists to use to ensure compliance with the various regulations. Prevailing Wage Requirements (PDF) Apprentice Compliance (PDF) Public Works Payroll Requirements (PDF) Read more…
Simas & Associates, Ltd. recently petitioned for and was awarded the granting of a Petition to Set Aside the Default Revocation of a California Department of Insurance licensed agent. “The grounds for the petition was a lack of notice of the Accusation,” explained Justin Hein, Managing Attorney of Simas & Read more…
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…
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…
Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency Read more…
Transgender people are employed in every industry and profession throughout the country, and deserve a safe and inclusive workplace. Transgender coworkers do not expect any special treatment. They simply want to be respected. Although employment discrimination based on gender identity is illegal almost everywhere, many transgender people still face harassment and unfair treatment on the job. Helping to ensure that Read more…
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…
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…
Employers accumulate and receive substantial volumes of documents as a result of their day-to-day business. The office manager or head of human resources compiles such documents as job postings, employment applications, résumés, reference checks, testing data, personnel files, wage and hour records, payroll records, and disciplinary files, as part of their Read more…
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…