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Your Legal Corner - Client Alert Blog

Unemployment Insurance Benefits May Be Denied if an Employee is Terminated for Refusing to Sign a Discipline Warning

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Update: In September of 2012, The California Supreme Court granted review of the Court of Appeals' Decision in Paratransit, Inc. v. Unemployment Insurance Appeals Board, 206 Cal.App.4th 1319 (2012) so this case is presently not citable. [...]

Tags: unemployment, unemployment insurance
Posted In: Employment Law News 


Amount Not Subject to a Wage Garnishment Increased

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Beginning July 1, 2013, AB 1775 amends California Code of Civil Procedure sections 706.011 and 706.050 to increase the amount of wages protected from garnishment from 30-times the federal minimum wage to 40-times the California minimum wage ($320 per week– 40 x $8.00, the California minimum wage). Wages exceeding $320 per week may be garnished up to a limit of 25% of the debtor's "disposable earnings" (the portion of an individual's earnings that remain after making all legally required deductions). AB 1775 also [...]

Tags: wage garnishment
Posted In: Employment Law News 


Overtime Compensation Agreements Are Void

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

California Labor Code 510 generally requires the payment of overtime to nonexempt employees for hours worked over 8 hours in a day, 40 hours in a workweek, and all hours on the seventh consecutive day of work. Calculating the overtime owed is relatively simple for nonexempt employees paid an hourly wage (1/40th of the employee's weekly salary); but not so easily computed for nonexempt employees paid a fixed salary. Consequently, many employers have entered into agreements with their salaried employees to the [...]

Tags:
Posted In: Employment Law News 


Damages Presumed If Employer Fails To Provide Proper Pay Stubs

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Pursuant to Labor Code 226, all employers are required at the time of each wage payment to provide each employee an accurate itemized wage statement (pay stub) showing:

 

  1. gross wages earned;
  2. total hours worked by the employee, except for any salaried employee exempt from overtime;
  3. the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis;
  4. all deductions;
  5. net wages earned;
  6. the [...]

Tags: pay stubs, wage statement
Posted In: Employment Law News 


CA Employers Must Adhere to Newly Enacted Personnel Records Inspection Procedures, Time, and Penalties

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012
[...]

Tags: personnel files
Posted In: Employment Law News 


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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.