Calculating Overtime Under The Fluctuating Workweek Method: Important Changes for Employers Employers typically have to pay non-exempt employees overtime at one and a half times an employee’s regular rate of pay; however, some states allow employers to use the fluctuating workweek method and pay overtime at only one-half of an employee’s regular rate for all hours worked over 40 in...
Relaxed and More Flexibility Great news! Loans under the Paycheck Protection Program under the Coronavirus Aid, Relief and Economic Security (CARES) Act (“PPP”), and most importantly, the forgiveness requirements provisions have been somewhat relaxed as of this morning by passage of amendments to the PPP Act (“PPPFA”). The changes will...
COVID 19: Testing Employees and “No Shirt, No Shoes, No Mask – No Service” Policies. Employers are obligated to keep their employee safe under OSHA and other laws and regulations. Many employers are questioning what precautions and measures they can take without running afoul of the ADA, the Rehabilitation Act,...
California Senate Bill No. 939 (“SB-939”) proposes to add Section 1951.9 to the Civil Code (“Section 1951.9”). If SB-939 is passed as currently proposed, it would become effective immediately and have a HUGE impact on existing leases and the rights of commercial property developers and landlords. SB-939 Would provide two...
Paycheck Protection Program (PPP): Are you off the hook? The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides that loans made under the Paycheck Protection Program (“PPP”) do not require a personal guarantee or collateral. However, this waiver does not mean that the individual shareholders, members, or...
Employers in the time of COVID-19 have been forced to learn how to balance the financial costs of keeping the business afloat, while also trying to retain quality employees. At times, it feels like one wrong step and the whole business will crash down, with no net to break the...
KEY PROVISIONS OF ASSEMBLY BILL 828 (AB 828): On April 14, 2020, Assemblyman Phil Ting (San Francisco) introduced legislation for a temporary moratorium on foreclosures and evictions due to the economic impact of COVID-19. In an unlawful detainer action, if the tenant’s inability to pay rent is due to increased...
The Workers’ Compensation Insurance Rating Bureau (“WCIRB”) recently proposed the following employer reporting changes: Allow the assignment of Classification 8810, Clerical Office Employees, while the California stay-at-home order is in place and for thirty days thereafter, for employees whose reassigned job duties meet the definition of Clerical Office Employees and...
As of Monday, April 6, 2020, all California courts are prevented from processing evictions and judicial foreclosure actions (with some limited exceptions). The emergency rules are designed to protect tenants and borrowers, govern all California State Courts and apply to both residential and commercial tenants and borrowers. Below are synopsis...