Adopting Bonus Plans That Comply With The FLSA

Day, Frank - 300dpi
Frank Day

Recruiting and retaining employees has become a bigger challenge for many employers as the already robust U.S. economy has continued gaining steam. Unemployment rates have reached their lowest levels since the tech boom of 2000, and competition for workers has increased significantly in many sectors. To respond to the growing demand for talent, many companies have recently adopted bonus plans to reward employees for their job performance and loyalty. While these plans are well intended, they can also create liability under the Fair Labor Standards Act (“FLSA”) when not properly implemented. Below is a brief summary of factors employers should take into account when adopting bonus plans to ensure that they are administered in accordance with the FLSA. Continue reading

Friendly Reminder: Many California Local Minimum Wage Rates Increase On July 1

Boughton, Ross - 300dpi
Ross Boughton

Executive Summary

As many employers are well aware, since the passage of SB 3 in April of 2016, the California state minimum wage is set to increase each January 1 for the foreseeable future.  January 1, however, is not the only date that California employers must keep on their calendars.  July 1 is a key date for many local minimum wage statutes, with the minimum wage rates increasing this month in cities and counties throughout the state. Continue reading

The Devil is in the Details: Court Refuses To Compel Arbitration Where Employer Used Conflicting English and Spanish Versions Of An Arbitration Agreement

Boughton, Ross - 300dpi
Ross Boughton

Executive Summary

California’s Second Appellate District issued employers a reminder regarding the importance of attention to detail when drafting and issuing employment policies.  In Juarez v. Wash Depot Holdings, Inc., 2018 Cal. App. LEXIS 604 (July 3, 2018), California’s Court of Appeal refused to compel arbitration where an employer issued different and conflicting English and Spanish versions of an arbitration agreement.  Applying the age old rule that ambiguous contract language is construed against the drafter, the Court found that the more employee-friendly version (the Spanish version) applied, and upheld the denial of the employer’s motion to compel arbitration. Continue reading