Search Results for: misclassified employee

2692
Posted in Exempt/Nonexempt Overtime

No Retroactive Fix for Underpayment to Exempt Employee

I recently took over as HR director for my company, and I discovered that for the last seven months, the company wasn’t paying the required…

5304
Posted in Workplace Policies

Employees Who Settle, Dismiss Individual Claims Can Still Bring PAGA Lawsuits

Yesterday, the California Supreme Court ruled that employees that settle and dismiss individual Labor Code violation claims against employers can still pursue a claim under the…

19084
Posted in Hiring

When Should a ‘Temp’ Become a Regular Employee?

I hired a number of employees to work on a short-term project for me. I classified them as “temporary” and therefore not eligible for benefits…

2027
Posted in Workplace Policies

PAGA Plaintiffs Keep Standing for Representative Claims After Individual Claims Compelled to Arbitration

On July 17, 2023, the California Supreme Court issued a significant ruling around the Private Attorneys General Act of 2004 (PAGA), which authorizes “an aggrieved…

2736
Posted in Exempt/Nonexempt Meal and Rest Break

Recent CalChamber Podcasts on Common Employer Problems: Misclassification, Breaks

The latest two episodes of The Workplace, a CalChamber podcast, deal with common issues employers face — misclassifying workers and not following meal and rest…

3090
Posted in Independent Contractor

Dynamex Goes Back to the Future, DLSE Chimes in Too

Do you remember the movie “Back to the Future,” where a young Marty McFly goes back in time and, in doing so, potentially re-writes the…