Sunday, February 5, 2023
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Barbara Wilber joined the CalChamber in 2005 and currently serves as an HR adviser. She previously served as a deputy labor commissioner and hearing officer with the Labor Commissioner in the California Department of Industrial Relations. Her 24 years of experience includes settlement conferences, wage claim determinations and resolving employee disputes brought to the Office of the Labor Commissioner.​​​​​

Factors to Consider When Calculating ‘Regular Rate’ of Pay

How does the regular rate work? Once I calculate the regular rate, does it change the employee’s hourly rate? Do I have to calculate...

In California, All Time Worked Must Be Paid, Even If It’s Only Minutes

Our nonexempt employees answer texts and calls after-hours. Is this work time and how much time would we pay for a 5-minute call, for...

Overtime Exemption for Inside Sales Employees Not Like Others

Our exempt inside sales employees make a salary plus commission. Do the salary deduction limitations for exempt employees apply to these employees? No, the salary...

Options for Paying Outside Salesperson Include Hourly or Salary Basis

I usually see information about paying outside salespeople commission payments. Is it OK to pay a salary and follow the minimum salary rules for...

Use Compensation for On-Call Duty When Figuring Regular Rate of Pay

When employees are on call, we pay wages for time spent on a call, plus $100 just for being on call. Is this $100...

Duration of Written Meal Period Waivers Depends on Your Needs

We have employees working 6-hour shifts who want to waive their meal period and employees who want to waive their second meal period after...

Labor Code Includes Exceptions for Listing Hours Worked on Paystub

One of the criteria to be listed on the check stub is total hours worked. We have outside salespersons who do not keep time...

Second Meal Period in Alternative Schedule Depends on Hours Worked

Our employees elected an alternative workweek schedule of 4/10 hour days. There are two schedules with different beginning and ending times. One group works...

Key to Valid Alternative Schedule: How Workweek, Workday Are Set

Our company has established a 9/80 alternative workweek schedule, but the employees work 44 hours one week and 36 hours the next week. Everything...

Local Ordinances Add Variety to Minimum Wage Requirements

We have employees working a few hours a week in multiple cities and counties. The hours vary so much that we decided to just...

Paying Nonexempt Employees on Salary Basis Poses Risks for Employer

If I change a salaried exempt employee to salaried nonexempt, may that employee’s salary be less than the minimum threshold for a salaried exempt...

Employers May Cap PTO Accrual If Reasonable Time Frame Given

Our company provides a paid time off (PTO) policy to meet the paid sick leave requirement. The company plans to cap the PTO accrual...

Premium Pay Applies Just Once Daily Per Missed Break/Meal

Please explain how the meal and rest break premiums are paid. When an employer fails to provide two rest breaks and two meal breaks...

Policy Determines Vacation Accrual During Probationary Period

If an employee is terminated before completing a 90-day probationary period, do we have to pay accrued vacation? Yes, in most instances you are required...

How to Apply New Federal Overtime Rule to Outside Salespeople

Does the new federal salary requirement apply to our outside salespeople who receive a monthly salary? No. Neither federal nor California law require the payment...

Reason for Travel Determines Whether Travel Time Must Be Paid

Our hourly employees report to work at the office and then travel from one work location to another using their own car, and we...

Where to Put Posters When Employees Work in Clients’ Homes

We have a home health business and our employees travel directly from their home to the client’s home. We are unable to post the...