Crazy Californians: Employment Laws Like You’ve Never Seen

Crazy Californians: Employment Laws Like You've Never Seen

June 12, 2014

? 2014 Winston & Strawn LLP

Brought to you by Winston & Strawn's Labor and Employment Practice Group

Today's eLunch Presenters

Julie Capell

Partner Los Angeles jcapell@

? 2014 Winston & Strawn LLP

Jason Campbell

Associate Los Angeles

jscampbell@

Roadmap for Today's Presentation

? Daily overtime ? Meal periods, rest breaks, and recovery periods ? Exempt employee criteria ? Wage statements ? Paychecks ? Wage Theft Protection Act ? Vacation pay ? no "use it or lose it" ? Seating claims ? Commission agreements

? 2014 Winston & Strawn LLP

Who is Covered by CA Law?

? California overtime laws apply to non-resident employees when they perform work for California-based employers. Sullivan v. Oracle Corp., 51 Cal. 4th 1191

? Unclear following Oracle whether protections other than overtime apply to non-residents, and whether California law applies if the employer is not based in California

? Risk to not complying with California laws if you have employees based in or working in California

? 2014 Winston & Strawn LLP

Sources of California Wage and Hour Laws

? California Labor Code ? California Code of Regulations/Wage Orders ? Case law ? Non-binding guidance

? DLSE Manual ? Labor Commissioner Opinion Letters

? 2014 Winston & Strawn LLP

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