The Division of Labor Standards Enforcement (“DLSE” or “Labor Commissioner”) Enforcement Policies and Interpretations Manual (“Enforcement Manual”) summarizes the policies and interpretations which DLSE has followed and continues to follow. The Enforcement Manual was first released in 2002 and updated periodically. The DLSE revised sections of the Enforcement Manual in August 2019. To access the Enforcement Manual online, click here. […]

In May 2018, the California Court of Appeal held in Huff v. Securitas Security Services USA, Inc., that an employee who has been affected by at least one Labor Code violation may pursue penalties under the Private Attorneys General Act of 2004 (“PAGA”) for every Labor Code violation committed by that employer, including violations that have not personally affected the […]

Assembly Bill 168 (“AB 168”) was signed into law on October 12, 2017, and imposes a statewide ban on inquiries into an individual’s salary history.  AB 168 is the latest effort to eliminate gender pay inequality in the state. With AB 168, California joins many other jurisdictions across the country that prohibit an employer from asking an applicant about salary […]

On Sept. 10, 2014, Gov. Brown signed AB 1522 which will require California employers to provide paid sick leave to employees. The new law goes into effect July 1, 2015. In Alexander v. FedEx, (Aug. 27, 2014), the Ninth Circuit Court of Appeals held that FedEx’s contracted drivers where employees even though FedEx’s policies arguably gave the drivers a great […]

Nevada law defines a “workday” as “a period of 24 consecutive hours which begins when the employee begins work.” When applicable, daily overtime must be calculated accordingly. Centralized control of leave administration within a company is critical for consistency. When a harassment complaint is received, immediate interim measures must be taken. A company must carefully select supervisors and make sure […]

An employee’s regular rate of pay includes all “remuneration for employment paid to, or on behalf of, the employee…” See 29 U.S.C. § 207(e). In calculating an employee’s regular rate of pay, employers must account for all bonuses unless they are discretionary both as to the fact of payment as well as the amount of payment. The failure to account […]