Employer Protection from Wage-and-Hour Violation Claims

Highly qualified employment attorneys serving clients in and around Alameda and Contra Costa Counties

California’s wage and hour laws often favor the employee and impose harsh penalties on employers who are deemed to have violated federal and state work rules. Given our significant number of Silicon Valley clients, the Garcia & Gurney, A Law Corporation attorneys are particularly sensitive to the laws regarding commissions, overtime exemptions and other issues particular to high-tech employees. Our Pleasanton attorneys advise companies on policies and procedures to remain compliant with California and U.S. labor laws, and represent our clients before the courts and administrative agencies when allegations of noncompliance are leveled.

Assembly Bill 1396

As of January 1, 2013, any employer who pays salespeople by commission must have a written contract. The contract must explain in detail the method you use to determine and pay each commission. You are also required to provide a signed copy of the contract and obtain a receipt from each commission-based employee.

Under this new bill, if a commission contract expires, the terms of that contract remain in effect until a new commission contract is drafted or the employee is terminated. As a result, it is important that you are aware of contract expiration dates, and you may want to have a new contract drafted before a current contract expires. If an employment dispute arises between you and an employee regarding a commission contract, the Garcia & Gurney, A Law Corporation lawyers can quickly review the circumstances of your case and guide you towards an effective resolution.

Overtime, minimum wage and meal and rest periods

California has certain wage and hour laws. If you violate these laws, an employee may file a lawsuit against you or your business.

Listed below are areas where wage and hour laws apply:

• Minimum wage: The minimum wage requirement for 2013 is $8.00 per hour. Tipped employees in California must receive the full minimum wage.
• Overtime: If one of your employees works more than eight hours in a day or more than 40 hours in a week, he or she is entitled to overtime.
• Meal and rest periods: According to the Department of Industrial Relations, “an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.”

Let experienced Pleasanton lawyers provide you with sound employment advice

Garcia & Gurney, A Law Corporation has extensive experience helping Silicon Valley clients with complex employment disputes. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.