Weekend Tip: Overtime Pay

Saturday and Sunday are not automatically overtime in California. Overtime begins after 40 hours in a week or eight hours in a day are worked.

So if an employee works 30 hours Monday through Friday, then works four hours each on Saturday and Sunday, those eight weekend hours are paid at straight time.

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Weekend Tip: Weekend Holidays

If a scheduled, company paid holiday falls on a weekend, it is a common practice to have the paid day off on Friday for Saturday holidays and on Monday for Sunday occurring holidays.

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Weekend Tip: Time Records

If you don't have a time clock for employees to punch, be certain to have written time cards recording all hours worked, including actual in and out times for lunch breaks as well as the beginning and end of the work shift.

It is imperative that the employee and the Supervisor both sign the time sheet.

Keep these on file forever.

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Weekend Tip: Unauthorized Overtime Worked

An employee works two hours of overtime without getting authorization in advance.

What to do? No brainer.

Pay the employee time and one half for the two hours, no question.

Then explain the policy that employees must get approval from their supervisor before working any overtime. Not doing so becomes a disciplinary issue.

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Weekend Tip - Supervision

If you are going to conduct business operations on a weekend or any other day which is not a normally scheduled workday, It is imperative that a salaried, exempt member of Management present. This can be a Supervisor as well.

If a member of your management team is not present, one should be immediately available via cell phone. This is a very important business practice and can have huge liability implications should something go wrong.

What could go wrong? Think about these examples:

-fire in the facility
-an intruder in the facility
-snowstorm, earthquake or other severe weather causing emergency conditions
-work flow interruption
-employee medical emergency
-employee disagreement/scuffle
-employee vandalism

'Nuff said.

The Best Practice is on-site Management coverage at all times.

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Employee Breaks

There are basically two kinds of employee work breaks in California: rest breaks and meal breaks.

Rest Breaks: These are paid breaks of ten minutes duration which are provided for every four hours of work. They should be scheduled at the mid-point of the four hours. Employees should be relieved of work duties. Since they are paid breaks, hourly paid employees do not clock out.

Meal Breaks: These are unpaid breaks of thirty minutes duration which are provided for every six hours of work. These should be scheduled at approximately the mid-point of the six hours. Employees are relieved of all work duties. With unpaid breaks, hourly paid employees do clock out and back in.

Meal breaks are not scheduled the last thirty minutes of the work shift because then they are not breaks because the shift is over. And believe me, employees will try to do this.

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CA Court Ruling: Meal & Rest Breaks

The California Supreme Court has ruled that employers must provide meal and rest breaks to employees as proscribed by State law but do not have an obligation in insure that no work is done during those breaks.

The mandate providing breaks is basically a statement of the current requirements. But the second part of the ruling that is newsworthy. Stating that employers do not have to monitor break time for non-work activities settles courtroom wrangling since 2004.

BEST HR PRACTICE: Employers should be aware of work and non-work behavior on breaks to avoid being liable for wage payment if they know or should have known if employees were working.

It is also a sound practice to insure, through routine Management observation, that the breaks are taken by employees. Again, this will reduce exposure to wage claims and is also simply a better management practice.

Publish a clear break policy. Train your Supervisors.

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Labor Law Spotlight: Posters & Notices

This post provides a sample of the legally required posters, notices and pamphlets that are mandatory for every California employer. It is a heady brew of Federal and State (CA) requirements.

Company Size Covered: 1 employee and up

Purpose:
Inform CA employees of their designated rights and protections under various labor laws, inform employees of procedures for reporting non-compliance by employers, and provide employees with safety information.

Key Provisions: Subjects included cover a wide array. Here are some representative samples:
-non-discrimination and harassment
-payday notice
-emergency phone numbers
-Workers' Compensation Insurance
-minimum wage
-IWC Wage Order
-five required pamphlets & Notice of Pay Details form

Remember, the above is a sampling, not a complete listing of all mandatory postings and handouts.

What You Should Do:
You can drive yourself crazy researching this on the Internet or you save the time and aggravation by contacting helpdeskHR and get expert HR support.

This may seem like a basic, clerical thing but trust me on this, you don't want to be caught with your posters down - just not worth it because non-compliance can mean costly fines.

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Labor Law Spotlight: Overtime Pay in CA

Overtime Payment in California

California State Law

Company Size Covered: ALL California employers

Purpose: Establishes pay rates for California nonexempt/hourly paid employees who work more than 8 hours in one workday or 40 hours in one workweek.

Key Provisions:
-Regular straight time pay is paid for eight hours in one workday; or the first 40 hours worked in one workweek.
Note: Every company determines their workweek as a period of 7 consecutive days usually beginning at midnight of the first day and ending at 11:59 PM of the last of the seven days. The calendar days, including Saturday and Sunday, are irrelevant.
-Overtime pay rate of time and one-half (1.5 x regular pay rate) for all hours worked over eight and under twelve in one workday and for all hours worked over 40 in a workweek.
-Overtime pay rate of double time (2 x regular pay rate) for all hours worked over 12 in one workday or all hours worked on the seventh consecutive workday.

What You Should Do:
Pay employees according to these provisions. No exceptions. No questions.

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Labor Law Spotlight: Final Pay Check Issuance

Here are the rules for employers in California for issuing the final paycheck to terminating employees:

Company Size Covered: ALL California Employers

Involuntary Termination
If you terminate an employee's employment for cause (fired) or due to a reduction in workforce (RIF) you must issue the final paycheck at the time of notification of termination. In other words, hand them the check right after you tell them they are terminated.

Voluntary Termination
If an employee resigns on their own volition, you have three calendar days from their last day of work to issue their final paycheck. To be on the safe side, use three realtime days, not workdays.

All final paychecks must include any accrued vacation time or PTO. This is vested for employees in California.

You cannot withhold the check past the timelines above for the return of company property. That is a stand-alone matter.

There is no definite rule for resolution of outstanding reimbursable expenses for employees. So do yourself a favor and just pay expenses quickly.

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Labor Law Spotlight: IRCA

Immigration Reform and Control Act (IRCA)

Federal Law

Enacted: 1986

Company Size Covered: 1 employee & more

Purpose:
Insure that all individuals employed by U. S. employers have the legal right to work in the United States.

Key Provisions:
-Employees must provide documentation proving they have the right to work in the U. S.
-Employers must complete and keep on file an I-9 Form for every employee, verifying the above.

What You Should Do:
Get I-9 Forms and complete one for each employee in your company. Keep on easily accessible file.
Do not keep copies of the employee provided documents. The employer attests on the I-9 Form that they have seen the documents listed on the form itself.

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