An alternative work week is a schedule of up to 10 hours per day during a 40-hour work week in which the employer does not pay overtime rates of pay.199 Some industries, such as health care, may introduce alternative work weeks that differ slightly from this model.200 Labour Code, § 512, subd. (a) [“An employer may not employ an employee for a working time of more than five hours per day without granting the employee an hour of meals of at least 30 minutes, except that if the employee`s total working time per day does not exceed six hours, the meal time may be cancelled by mutual agreement between the employer and the employee.” ↥ John works as a cashier in a grocery store. His boss assigns him certain tasks and requires him to show up at certain times. The grocery store requires John to sign an agreement stating that he is an independent contractor. A: As of April 11, 2012, the template has been updated to indicate that the Acknowledgement of Receipt section of the template is optional only optional. The signatures of the employer or employee can provide assurance that the notice was actually provided by the employer and received by the employee. If an employer wishes to make the request but an employee does not wish to sign, the employer must nevertheless inform the employee of the dismissal and note the employee`s rejection on his copy of the notice. An employee`s signature on the notice is only an acknowledgment of receipt. In accordance with an employer`s general legal record-keeping obligations, it is their duty to ensure that the employment and wage information contained in the notice is accurate and complete. In addition, an employee`s signature confirming receipt of the notice does not constitute a voluntary written agreement between the employer and the employee to count meals or accommodation as minimum wage. Such a voluntary written agreement (as required by law) must be proven by a separate document. (Question and answers updated on 4/12/12) Depending on the nature of the employee`s work and the employment contract, there may be other exceptions to these schedules.
Employees should consult an employment lawyer if they need advice on when their salary is due. A: CSSD recognizes that employment relationships are affected by relationships between independent business units. Two or more companies may define or contractually stipulate certain aspects of employment or cost management to varying degrees, of a company that provides workers to another business unit for a certain period of time or a defined project, provides services to temporary employees or contracts a large administration of human resources and performs as an employer independently of the entire human resources department. These are recognized business relationships that affect an employee`s employment and are not prohibited relationships under applicable law. For an employer that is in fact a recruitment agency (which includes a temporary employment service, a leasing company or a PEO for the purposes of the notice), it must provide its employee with Notice 2810.5 and indicate that it is providing such notice as such by checking the “Recruitment Agency” box. Since there is an employment relationship between the recruitment agency and the employee (even if the work is performed in and for another company), checking this box informs the employee of the identified employer`s ability or role in relation to the employee. This information also identifies the designated employer (required by Labor Code 2810.5 (a) (1) (D)) and indicates its role as the employer who hired the employee for the purposes of the required termination. If the hiring employer is not a recruitment agency, the box is not checked. In addition, a recruitment service or a simple payroll service is not a recruitment agency or a company for communication purposes. If the notice contains information about the employee`s initial placement, or if that information is not included because it was not known to the recruitment agency or company at the time of notification, any subsequent placement will constitute material changes to the information contained in the first notice. In this case, the recruitment agency/company must notify any change within 7 calendar days of the change by providing a new notice or reflecting the change in a detailed pay stub or other notice in accordance with Labor Code 2810.5 (b) (1) – (2).
It is important to note that a new notice under Labour Code 2810.5 (a) (1) is not required at the beginning of each subsequent new placement, as changes to investments not listed in the first notice are covered by Labour Code 2810.5 (b). In accordance with section 2810.5(b), any changes applicable to the new investment may be reflected in timely pay in accordance with Labor Code 226, or notice of such changes may be made within 7 calendar days of the change in another letter required by law. The work week used by an employer does not necessarily have to coincide with the work week in which the employee works, but any difference between the two must be justified by a legitimate business purpose.195 Employers cannot structure work weeks in such a way that overtime is not paid.196 A: All employers in the private sector are insured, with specific exceptions. Notification is not required for an employee: directly employed by the state or political subdivision, including a city, county, city, and special county or district; an employee who is exempt from paying overtime pay by law or by the Industrial Welfare Board`s salary scale; or for an employee who is covered by a valid collective agreement if he or she meets certain conditions. It is important to note that charter schools, private schools, and non-profit businesses are covered as they are not public institutions. Subject to the above exceptions, as of January 1, 2012, employers are required to provide each employee with written notification “at the time of recruitment”. The notice of termination should inform employees of basic information about their employment relationship and ensure that employees receive up-to-date employment information by notifying them of changes to that information. Therefore, it would be preferable for employers to provide the notice not only to new employees, but also to current employees.
(Underlined part added 23.01.12) A bona fide dispute occurs when an employer presents a legitimate legal or factual defense against the payment of wages, even if the employer does not prevail.127 It is important to note that companies do not have to exercise effective control over how an employee performs the work to be considered an employer. The company only needs to have the right to do so in accordance with the agreement of the parties.31 The company`s right of control may be expressly set out in a written contract or it may be implied by the nature of the work.32 If an employee or company is still confused as to whether their relationship meets the legal definition of “employment” under California law, You have the option to request a decision from the California Employment Development Department (EDD). The application can be completed on Form DE 1870 (Opening in a new window) and sent by mail to EDD. The ESD usually provides a written statement within 60 days of receipt of the request. Section 2810.5 also requires the inclusion of “any overtime rates, if any.” The simple indication of the multiplier for overtime (e.B. 11/2 and/or twice the standard rate) does not indicate an overtime rate. When providing information on applicable overtime rates, only known and determinable rates should be provided specifically to the employee. According to the law, overtime rates must be based on a “regular rate of pay”, which is of particular importance in the calculation of statutory overtime pay for hours worked more than 8 hours per day or 40 per week (Labour Code 510, IWC Regulation § 3). If an employee receives only one hourly wage (wage), the hourly wage is the regular rate of pay (provided it is at least equal to the minimum wage) for overtime purposes. If the employee receives types of remuneration other than hourly pay, such as overtime commissions, bonuses or piecework rates), that other remuneration must be included in the determination of the “regular rate of pay” for the purposes of overtime pay […].