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New categories of employees who are not entitled to have included on their itemized wage statements on total hours worked

This week, the Governor signed into law AB 2535, which added a new subsection (j) to California Labor Code Section 226.  Specifically, AB 2535 specifies a list of categories of employees who are not entitled to have included on their itemized wage statements information on total hours worked.  This exception exists if any of the following apply: (1) The employee’s compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission. (2) The employee is exempt from the payment of minimum wage and overtime under any of the following: (A) The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission. (B) The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission. (C) The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5. (D) The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission. (E) The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code. (F) The exemption for any crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission. (G) The exemption for any individual participating in...

NEW CITY OF LOS ANGELES SICK LEAVE ORDINANCE

Just when you thought you were getting the hang of California’s July 1, 2015 sick leave law, one year later (effective July 1, 2016) the City of Los Angeles has changed the law again.  Here are the differences between the California sick leave law and the City of Los Angeles’ sick leave ordinance: If the employer chooses to provide sick leave using the “lump sum method,” the minimum amount of sick leave that must be provided is 48 hours per year, rather than 24 hours per year under the CA law. Under the lump sum method, sick leave that is not used in the year must carry forward from year to year, rather than be “use it or lose it” under the CA law. Under the “accrual method,” the L.A. ordinance has increased the “usage cap” from 24 hours per year to 48 hours per year. The accrual cap, under both the lump sum and accrual methods, is 72 hours, rather than 48 hours under the CA law (and, under CA law, the cap only applies under the accrual method). The L.A. ordinance provides for a per-violation penalty of $120 for each employee per day.If you employ workers in the City of Los Angeles, this ordinance applies to you.  There are no small-business or non-profit exceptions in the ordinance, however employers with fewer than 26 employees in the City of Los Angeles need not comply until July 1, 2017.   If you employ workers in the City of Los Angeles, you likely will need to modify your sick leave policy to comply with the new law. Adam K. Treiger (Chair,...
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    September 21, 2016
    11:30 am - 11:55 pm

September’s monthly meeting.  11:30 – 1:30 LOS ROBLES GREENS GOLF COURSE WEST BALLROOM (more…)

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