DLSE opinion letters - by subject
Revised 5/9/12
Letter No.
|
Manual Section
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Description
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56.7.3.1
|
Alternative workweek: 9/80 schedule
| |
Alternative workweek: "Affected employees"
| ||
| 2009.03.23 (Pdf)(Doc) Requesting Letter |
Alternative Workweek: During Summer Months
| |
Alternative workweek: Healthcare registry workers (Order 5)
| ||
Alternative workweek: Identifiable work unit
| ||
Alternative workweek: Part-time employees
| ||
56.11
56.11.1 |
Alternative workweek: Reduction of pay not allowed
| |
Alternative workweek: Substitute employees
| ||
Alternative workweek: Temporary placement in multiple settings
Joint employment
| ||
Alternative workweek: Work beyond regular schedule
| ||
48.1.6
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Belo contracts
| |
19.3.5
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Bonus: Banquet service charges, overtime
Overtime: Banquet service charges as bonus
| |
35.2
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Bonus: Effect of voluntary termination
| |
5.2.4
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Bonus: Payday obligations, quarterly bonus
| |
49.2.1.2
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Bonus: Payment on monthly basis (Labor Code § 204)
| |
35.5
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Bonus: Substantial performance rule
| |
Bonus: Substantial performance, recovery from wages
| ||
Child labor: Entertainment Industry - Reality Television
| ||
Child labor: Prohibited construction work (Labor Code §1294.1)
| ||
Commission calculations
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34.3.1
34.8 |
Commissions: Effect of termination
| |
Commissions: Loss reconciliation
Commission vs. piece rate
| ||
11.3.1
29.2.3.1 34.4.1 49.2.1.2 |
Commissions: Loss reconciliation
Commissions: Mortgage loan officer commissions
| |
Commissions: Nursing procedures
| ||
| 2003.04.30 | Commissions: Post termination | |
34.4
34.4.1 |
Commissions: Reserve accounts; loss reconciliation
| |
| 2002.12.09-2 | Commissions: Timing of payments | |
| 2008.11.25 (Pdf)(Doc) Requesting Letter | Compensability: Time Spent Obtaining a Transportation Worker Identification Credential Card | |
29.2.3.1
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Compensable time
Owner/operator lease agreements: Costs of operating truck
| |
46.1.1
47.4.2 47.5.6.1 |
Compensation: "Control of the employer" test for compensation due to employee
Hours worked: On-call time, beepers
| |
Compensation: Ski industry employees
| ||
3.5
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Contract: What constitutes a written contract "for a definite period of time" within the meaning of Labor Code § 202 in determining the applicability of the waiting time penalty under Labor Code § 203
| |
Coverage of California's wage laws
| ||
| 2009.02.04 (Pdf w/attach)(Doc w/o) Requesting Letter |
Credit Available for Training Trust Payments
| |
22.3
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Credit card requirement by employer where no cost to employee
| |
Day of rest
| ||
Deductions: Authorization
| ||
11.2.4
11.3.1 |
Deductions: Cost of processing lost or stolen check
| |
Deductions: Debiting a manager's pay for staff salary and expenses
| ||
11.3.1
34.2 |
Deductions: Discussion of underlying law
| |
| 2003.02.24 |
Deductions: From employee's wages for damage to company property
| |
11.3.1
34.2 |
Deductions: From Leave Credits for Partial and Full Day Absences of Exempt Employees
| |
11.2.4
22.3 |
Deductions: IWC Orders, Section 9
| |
Deductions: Negative election to participate in 401(k) plans (Labor Code §§ 221-224)
| ||
Deductions: Overpayment of wages
| ||
Deductions: Payroll (Labor Code § 224)
| ||
11.3.2
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Deductions: Unauthorized
Deductions: IWC Orders, Section 8
Deductions: Gross negligence, simple negligence
Posting of bond: Employer protection against loss of goods
| |
15.1.4
15.1.12 |
Differentiation between sick leave and vacation pay
Termination pay: Unearned vacation time advanced to employee deducted at time of termination
| |
3.2.2
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Discharge: Layoff (contractual recall rights)
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3.2.2
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Discharge: Layoff vs. shutdown
| |
15.1.12
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Discharge: Pay at termination for holiday
| |
15.1.4
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Discharge: Pay vacation at termination
Vacation: "Use it or lose it" clause
| |
4.6
34.9 |
Discharge: Payment of commissions upon termination
| |
Discharge: Waiting time penalty (employees of temporary employment agencies)
| ||
| 2010.04.07 (Pdf)(Doc) Requesting Letter |
Educational Internship Program
| |
Electric payroll deposit
| ||
| 2006.07.06 (Pdf) | Electronic Delivery of wage statements | |
Electronic paychecks and direct deposit (Labor Code §§ 226 and 1174)
| ||
Employee expenses: Automobile insurance requirement (Labor Code § 2802)
| ||
43.6.8
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Employees: Vocational trainees (students)
Minimum wage: Trainees, application, exemption
| |
22.3
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Employer must pay for mandated safety training
| |
31.3.2.1
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Employment applications: Release of liability for disclosure of information
| |
Employment status: Culinary externs
| ||
Employment status: Interns
| ||
51.6.10
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Exempt employee: Calculation of pro rata deduction from salary
| |
51.6.12
51.6.15 |
Exempt employee: No reduction in salary for day absent if there is a reasonable expectation that employee is to perform some duty
| |
51.6.7
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Exempt employee: Reduction of salary in conjunction with reduction of hours in workday or days in workweek
| |
| 2003.01.15 |
Exempt status: Professionals
Wages: Payment based on employer's receipt of payment for services rendered
| |
52.3
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Exemption: Administrative (insurance company claims reps)
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Exemption: Administrative (IT)
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Exemption: Administrative, recruiters of temporary workers
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Exemption: Executive, Applicability of Federal caselaw
| ||
Exemption: Executive, "customarily and regularly"
| ||
Exemption: Executive, remuneration test
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Exemption: Executive, remuneration test
| ||
Exemption: Outside salesperson, real estate
| ||
Exemption: Personal attendant (Order 15)
| ||
Exemption: Professional, physician assistants and nurse practitioners
| ||
| 2003.01.13 | Exemption: Site surveillance technicians | |
54.10.7.1
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Exemption: Teachers
| |
| 2003.01.17 | Exemption: Teachers | |
46.6.6
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Exemption: Trainee intern programs
| |
| Exemption: Determination of exempt or nonexempt status of officers and "key administrative personnel" employed by labor unions | ||
Exemptions: Salary basis test for administrative, executive, and professional employees
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29.2.3.1
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Expenses: Reimbursement (Labor Code § 2802)
| |
22.3
29.2.3.1 |
Expenses: Reimbursement by direct deposit may not be compelled
| |
22.3
29.2.3.1 |
Expenses: Reimbursement for cost of insurance required by employer are recoverable (Labor Code § 2802)
| |
Expenses: Reimbursement, purchase of excess auto insurance (Labor Code § 2802)
| ||
55.2.1.1
55.2.1.2 55.2.1.2.1 |
Employer: Definition of employer
| |
| 2003.02.03 | Farm labor contractor license requirements | |
Farm labor contractor status
| ||
Garment manufacturing license: Temporary employment agencies
| ||
Garment manufacturing: Out-of-state supplier contracting in California
| ||
Exempt status: Additional compensation
| ||
Hours worked: Charging applicants for training
| ||
Hours worked: Meal periods (employee required to remain on premises
| ||
Hours worked: Meal periods (healthcare industry)
| ||
Hours worked: Meal periods restricted to employer's premises
| ||
46.2
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Hours worked: On-call time (tests, travel, and training)
| |
46.1.1
47.4.2 47.5.6.1 |
Hours worked: On-call time, beepers
Compensation: "Control of the employer" test for compensation due to employee
| |
45.1.5.1
46.6.3 47.5.5.1 |
Hours worked: "On-call time," resident apartment managers
| |
Hours worked: Overtime, truck drivers adding covered to uncovered hours
| ||
47.5.6.1
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Hours worked: Pagers; On Duty Meal Period
| |
43.6.4.1
44.2.2 47.4.2 47.7.1 |
Hours worked: Public transit employees start and end shifts at different locations
Minimum wage
| |
Hours worked: Sleep periods for ambulance drivers and attendants (Orders 5 and 9-98)
| ||
Hours worked: Sleep shifts (Order 5)
| ||
| 2002.12.11 | Hours worked: Split shift | |
46.3
46.3.1 46.3.2 47.5.1.1 |
Hours worked: Time spent traveling on out-of-town business trip
| |
Hours worked: Training or tryout time
| ||
Hours worked: Training time
| ||
Hours worked: Travel time
| ||
46.6.4
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Hours worked: Uniforms, change time
| |
46.6.4
48.1.9.1 |
Hours worked: Uniforms, change time
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46.6.4
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Hours worked: Uniforms, change time
Hours worked: Effect of CBA on determining "hours worked"
| |
Hours worked: Unrelieved meal periods
| ||
15.1.4
15.1.12 |
Hours worked: Vacation, flex time off
| |
48.1.2
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Hours worked: Workday
Overtime: Pyramiding
| |
48.1.3
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Hours worked: Workweek
| |
22.1.1
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Illegal to require payment to apply for employment (Labor Code § 450)
| |
Independent contractor vs. employee: Assistant golf professional
| ||
Independent contractors vs. employee, registered nurses with a nursing registry
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50.13.1
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Independent contractors: "Promotional extras"
| |
IWC classification: Golf courses with restaurants
| ||
IWC classification: Private clubs (Orders 5 and 10)
| ||
IWC coverage: Agricultural occupations, Order 14 vs. 13 (packaging facility located on grower's farm)
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43.6.11
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IWC coverage: Air charter service (Order 9)
| |
IWC coverage: Cut flower industry (Order 14)
| ||
IWC coverage: Cut flower industry (Order 14)
| ||
IWC coverage: Cut flower industry (Order 14)
| ||
IWC coverage: Employees of temporary employment agencies
| ||
| 2003.01.10 | IWC coverage: Employees of temporary employment agency placed with public employers | |
IWC coverage: Log truck drivers (Order 16)
| ||
IWC coverage: Maintenance (Order 5)
Overtime computation: Piece rate
| ||
43.7.1.3
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IWC coverage: Multi-purpose firm with distinctly separate units
| |
IWC coverage: Multi-purpose firm with distinctly separate units
| ||
IWC coverage: Order 5 overlap with occupational orders
| ||
| 2005.11.23 (Pdf) (Doc) |
IWC Coverage: Personal Attendant definition: Scope of Duties (Order 15)
| |
43.7.1.3
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IWC coverage: Printing (Order 1)
IWC coverage: Newspaper publishing (Order 4)
| |
IWC coverage: Trucking company support personnel
| ||
Joint employment
Alternative workweek: Temporary placement in multiple settings
| ||
43.6.1
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Jurisdiction: Military bases; Temporary/Full Time Employees in oil spill cleanup; Employees temporarily employed in another state
| |
43.6.1
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Jurisdiction: Temporary/Full Time Employees in oil spill cleanup
| |
43.6.1
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Jurisdiction: Employees temporarily employed in another state
| |
Jurisdiction: Multiplicity of actions
| ||
Jurisdiction: National Forests
| ||
Jurisdiction: NLRA preemption
| ||
Labor Code § 233: Sick leave to attend to family
| ||
| 2003.05.21 (Pdf) (Doc) | Labor Code § 233: Sick leave to attend to family | |
24.3
|
Labor Code § 973: Advertising for employees during a strike, lockout, or other labor dispute
| |
| 2003.01.30 | Labor Code § 2928: Wage deductions for tardiness; apparent contradiction between code sections | |
| 2007.08.29 | Mandated Security Officer Training Time: Compensability | |
| 2009.06.09 (Pdf)(Doc) Requesting Letter | Meal Periods: Fuel Carriers Subject to Federal Safety Regulations | |
| 2002.12.09-1 | Meal periods: Impact of Senate Bill (SB) 1208 on an existing collective bargaining agreement | |
Meal Periods - Obligation to provide
| ||
Meal periods: "On duty"
| ||
47.5.6.1
|
Meal period: On duty; Pagers
| |
| 2003.10.17 (Pdf) (Doc) | Meal periods: Private right of action to enforce amounts owed under the meal period provisions of the IWC Orders and Labor Code | |
Meal Periods: Purported waiver of state standards
| ||
43.6.4.1
44.2.2 47.4.2 47.7.1 |
Minimum wage
Hours worked: Public transit employees start and end shifts at different locations
| |
Minimum wage: California State University employees
| ||
43.6.5
43.6.7 |
Minimum Wage: No exemption for employees of religious organizations
Volunteers: Definition of volunteer vs. employee
| |
43.6.8
|
Minimum wage: Trainees, application, exemption
Employees: Vocational trainees (students)
| |
| 2008.07.07-2 (Pdf)(Doc)Requesting Letter | Money Network Checks - Means of Payment of Wages under Labor Code § 212 | |
Negative election to participate in 401(k) plans
| ||
Outside salesperson
| ||
Overtime
Wages, regular rate of pay: Calculation for employee working at two different hourly rates
| ||
Overtime: 24-hour employees
| ||
Overtime: Airport shuttle drivers
| ||
19.3.5
|
Overtime: Banquet service charges as bonus
Bonus: Banquet service charges, overtime
| |
Overtime: "Belo" contracts
| ||
48.1.4
48.1.6 |
Overtime: "Belo" contracts; premium pay
| |
50.7.1.3
|
Overtime: Collective bargaining agreements
| |
Overtime: Combining covered and uncovered hours
| ||
Overtime: Commission pay plans
| ||
Overtime: Excessive, day of rest
| ||
Overtime: Extended care facilities (14/80 rule)
| ||
Overtime: Federal Service Contract Act
| ||
Overtime: Fluctuating workweek
| ||
| 2002.12.13 | Overtime: Limousine drivers | |
34.1
|
Overtime: Mechanics, flat rate
| |
Overtime: No pyramiding of hours
| ||
50.8.1.1
|
Overtime: Provisions of IWC wage order. for two-axle trucks not regulated by Department of Transporation
| |
48.1.2
|
Overtime: Pyramiding
Hours worked: Workday
| |
47.5.1.1
|
Overtime: Regular rate of pay, multiple rates
| |
Overtime: Saturday and Sunday work: Public Works employment contracting
| ||
Overtime: Wage plus commission
Wages, regular rate of pay: Basic wage plus commission
| ||
Overtime computation: Piece rate
IWC coverage: Maintenance (Order 5)
| ||
50.9.8
|
Overtime exemption: Ambulance drivers and attendants
| |
50.6
50.6.4.3 |
Overtime exemption: Commissioned sales (use of draw in computing)
| |
Overtime exemption: Commissions ("principally")
| ||
50.8.1.1
50.9.3 |
Overtime exemption: "For hire" motor trucks
| |
29.2.3.1
|
Owner/operator lease agreements: Costs of operating truck
Compensable time
| |
41.2.3
|
Paperless time recording system
| |
22.3
|
Patronizing employer: Employer cannot require employee to purchase truck for use in business (Labor Code § 450)
| |
5.2.4
|
Pay day obligations (Labor Code § 204)
| |
34.2
|
Pay: Minimum wage, draw offsets
| |
Payday obligations: Direct deposit
| ||
9.1.9
9.1.9.3 41.2.3 |
Payday obligations: Direct deposit
| |
9.1.9
|
Payday obligations: Direct deposit
| |
| 2008.07.07 (Pdf)(Doc) Requesting Letter 1 Requesting Letter 2 | Payroll/Debit Cards - Means of Payment of Wages Labor Code §§ 212 and 213 | |
Payroll direct deposit: ATM access
| ||
| 2002.12.12 | Payroll: Payment by cash dispensing machine, violation of Labor Code §§ 212, 221, 450 | |
55.3.3
|
Personal attendant: "Other significant work"
| |
Personal attendant: Nonprofit corporation respite care workers, IWC Order 5
| ||
| 2005.11.23 (Pdf) (Doc) |
Personal Attendant definition: Scope of Duties - IWC Order 15
| |
Personal attendants vs. practical nurses, intrusive care
| ||
42.6
|
Personnel files: Obligations of employer to provide employees access
| |
Piece rate calculation
| ||
| 2003.10.17 (Pdf) (Doc) | Private right of action to enforce amounts owed under the meal period provisions of the IWC Orders and Labor Code | |
37.2.6
|
Public Works: partner coverage
| |
Public Works employment contracting: Saturday and Sunday work
| ||
Reporting time pay
| ||
Reporting time pay: Absent a specific agreement, eight hours of labor constitutes a day's work
| ||
Reporting time pay: Poor performance
| ||
| 2003.04.23 | Resident employees: IWC Order 5-2001 (as updated) | |
45.3.3
|
Rest breaks
| |
Rest period provisions
| ||
45.3.3
|
Rest period requirements
| |
| 45.3.1 |
Rest Periods
| |
Rest periods
| ||
45.3.5
45.3.6.1 |
Rest periods: Order 16 (on-site construction)
Rest periods: CBA exception
| |
| 2009.08.19 (Pdf)(Doc) Requesting Letter | Salary Basis Test - Work Schedule and Salary Reduction to Avoid Layoff | |
Salesperson exemption (Orders 4 and 7)
| ||
| 2002.05.17 | 41.2.1 | Semimonthly pay periods for nonexempt salaried employees (Labor Code § 226) |
19.3.5
|
Service charge not gratuity
| |
Similarly situated employees
| ||
Stand-by time
| ||
| 2002.06.13-1 | Tardiness | |
4.3.1
|
Termination pay: Obligation to return in case of quit
| |
15.1.4
15.1.12 |
Termination pay: Unearned vacation time advanced to employee deducted at time of termination
Differentiation between sick leave and vacation pay
| |
Third party beneficiary claims
| ||
| 2005.09.08 (Pdf) (Doc) | Tip pooling policy: lawfulness of mandatory policy and criteria for participation in mandatory policy | |
19.3.1
|
Tip pooling
| |
Tips: Dancers (Orders 5 and 10)
| ||
43.6.8
|
Trainees: Criteria utilized for true trainee situation vs. employee
| |
Student Trainee vs. employee; work permit requirement
| ||
29.2.3.4
|
Training: Cost of licensure training not usually payable by employer
| |
| 2003.04.22 | Travel time pay for employee with alternative worksites | |
Truck Driver/Transportation Industry
| ||
45.5.2
|
Uniforms: Requirement, clothing without metal
| |
45.5.3
|
Uniforms: Requirements
| |
45.5.6
|
Uniforms: Tropical shirts
| |
15.1.4
15.1.5 |
Vacation: Accrual rate may not decelerate during employment
| |
15.1.5
|
Vacation: Based on proportionate accrual and no forfeiture
| |
Vacation: Bonus days
| ||
Vacation: Cafeteria style plans
| ||
| 2003.01.28 |
Vacation: Calculation
Waiting time penalty: Calculation
| |
15.1.10
|
Vacation: Calculation on draw, percentages of commissions
| |
15.1.10
|
Vacation: Car allowance
| |
15.1.10
|
Vacation: Cash out at lesser rates prohibited
| |
| 2003.01.21 | Vacation: Change in plan | |
15.1.4
15.1.4.1 |
Vacation: Earnings cap
| |
15.1.4
|
Vacation: Earnings cap (reasonableness)
| |
43.6.11
|
Vacation: Federal Service Contract Act (See also O.L. 1987.09.08)
| |
43.6.11
|
Vacation: Federal Service Contract Act (See also O.L. 1987.06.13)
| |
15.1.10
|
Vacation: Longevity bonuses by temporary service agencies in lieu of vacation
| |
15.1.3
|
Vacation: "Paid time off"
| |
Vacation: Pay as "wages"
| ||
15.1.12
|
Vacation: Personal days off
| |
15.1.10
|
Vacation: Pro rata pay case-by-case basis
| |
15.1.4
15.1.5 |
Vacation: Probationary periods, accrual and acceleration
| |
Vacation: Recovery of unearned vacation, prospective policy amendment
| ||
15.1.14
|
Vacation: Sabbatical leave (See also, O.L. 1987.07.13-1)
| |
15.1.13
|
Vacation: Sabbatical leave (See also, O.L. 1987.10.06)
| |
15.1.13
|
Vacation: Sabbatical leave
| |
15.1.12.1
|
Vacation: Sick leave used for personal business
| |
Vacation: Earnings cap
| ||
15.1.4
|
Vacation: "Use it or lose it" clause
Discharge: Pay vacation at termination
| |
15.1.2
|
Vacation: When not paid, employees allowed unpaid time off
| |
43.6.5
43.6.7 |
Volunteers: Definition of volunteer vs. employee
Minimum Wage: No exemption for employees of religious organizations
| |
| 2008.11.25-1 (Pdf)(Doc) Requesting Letter | Wage Deduction: Authorization for Overpayments Due to Payroll Practice | |
49.2.1.2
|
Wages, regular rate of pay
| |
Wages, regular rate of pay: Basic wage plus commission
Overtime: Wage plus commission
| ||
35.7
|
Wages, regular rate of pay: Bonuses included in overtime calculation
| |
Wages, regular rate of pay: Calculation for employee working at two different hourly rates
Overtime
| ||
| 2003.01.29 | Wages, regular rate of pay: Calculation where employer wishes to provide additional compensation to employee to "make them whole" when employee is "called off" scheduled work because of drop in workload | |
Wages, regular rate of pay: Explicit agreement
| ||
49.2.1.2
|
Wages, regular rate of pay: Piece rate, calculation
| |
9.1.2.1
|
Wages: Bonus paid in kind Labor Code § 212)
| |
49.2.1.2
|
Wages: Calculation salary plus commissions
| |
| 2002.12.09 | Wages: Camp counselors | |
49.2.1.2
|
Wages: Hourly rate plus commissions
| |
5.2.4
|
Wages: Pay day obligations (Labor Code § 204)
| |
| 2003.01.15 |
Wages: Payment based on employer's receipt of payment for services rendered
Exempt status: Professionals
| |
51.6.6
51.6.21.1 |
Wages: Salary basis test exempt employees
| |
51.6.1
|
Wages: Salary requirement, disciplinary deductions from exempt's salary
| |
49.2.1.2
|
Wages: Value of prizes calculated in overtime
| |
| 2003.01.28 |
Waiting time penalty: Calculation
Vacation: Calculation
| |
Waiting time penalty: Collective bargaining agreements
| ||
4.6.2
|
Waiting time penalty: "Willfulness" (inability to pay)
| |
Work recesses: IWC Order 8-80, Section 3(E)
| ||
Workers' compensation insurance coverage: Employee leasing company
| ||
Workers' compensation insurance coverage: Requirement for relatives
| ||
Workers' compensation insurance: Out-of-state employers
| ||
43.6.8
|
Work permit requirement: Student Trainee vs. employee
|
