Compensatory time off, or “comp time,” is the practice of permitting non-exempt employees to take extra time off in lieu of receiving overtime compensation. Comp time is legal in California – but only if employers comply with several stringent requirements under...
Exclusively Employment Law
Wage and Hour
Mutual Wage Agreements and Overtime
Generally speaking, California law requires employers to pay overtime compensation to non-exempt employees. Consistent with this, California law prohibits employers from entering into mutual wage agreements with non-exempt employees pursuant to which the non-exempt...
Make-Up Time: Making up for Taking Time Off
Make-up time is when a non-exempt employee takes time off from work on a certain day of the workweek and then “makes up” for that time by working the equivalent number of hours on another day during the same workweek. For example, let’s say you want to take off two...
Right to Meal Periods Under California Law
If you are a non-exempt employee, below are eight things that you should know about your right to meal periods under California law: No. 1: If you work more than five hours in a day, your employer must provide you with one unpaid, off-duty meal period that is 30...
Every Minute Counts: Paying Employees for Off-the-Clock Work
Late last month, the California Supreme Court held that employers must pay non-exempt employees for off-the-clock work that occurs on a regular basis. In Troester v. Starbucks, Douglas Troester, a former Starbucks shift supervisor, alleged that Starbucks did not pay...
Failure to Pay Commission Payments under California Law
Revised in January 2024 For some employees, a significant part of their compensation consists of commission payments. However, the employee does not automatically receive these commission payments (simply by virtue of showing up for work, unlike a base salary)....
Reporting Time Pay Under California Law
What is “reporting time pay?” Under California law, employers must pay “reporting time pay” to nonexempt employees in certain circumstances. Specifically, if a nonexempt employee is required to report to work (and he/she reports to work), but the nonexempt employee...
California’s Laws Regarding Written Commission Agreements
Originally Published on August 9, 2018; Updated/Revised on November 1, 2019 If you are an exempt or non-exempt employee who (a) performs services in California; and (b) is compensated on a commission basis, then California law requires your employer to provide you...
On-Duty Meal Periods: The Working Lunch
Originally Published on August 8, 2018; Updated/Revised on July 23, 2019 In general, if you are a non-exempt employee and you work more than five hours and up to ten hours during a day, your employer must provide you with one unpaid, off-duty meal period that is 30...
“Rest” Means Rest: Rest Periods Under California Law
Originally Published on August 5, 2018; Updated/Revised on June 19, 2019 If you are a non-exempt employee, you have the right to take rest periods under California law, and your employer is violating the law if it fails to provide you with required rest periods. Below...