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Your Legal Corner - Client Alert Blog - Posts for Employment Law News

Ledbetter Fair Pay Act Opens Doors to Discrimination Plaintiffs

Written By: Melissa C. Marsh, Esq., California Business Attorney, January 2009

Wage discrimination just became more expensive. On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009. The Ledbetter Fair Pay Act amends Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), and the Rehabilitation Act of 1973 to clarify that a separate unlawful act occurs each time compensation is paid pursuant to a discriminatory practice or compensation decision. Each paycheck, in other words, is a separate violation. The Ledbetter Fair Pay Act was in [...]

Tags: discrimination, fair pay, ledbetter
Posted In: Employment Law News 

New California Employment Laws For 2009

Written By: Melissa C. Marsh, Esq., California Business Attorney, January 2009

2009 New Minimum Hourly Wage Requirement For Computer Professionals to be Exempt From Overtime.

Pursuant to California Labor Code §515.5, to be exempt from overtime, computer professional must earn a minimum of $37.94 per hour, or $6,587.50 per month, or $79,050.00 per year. California employers should be aware that exempt computer professionals are still entitled to their meal and rest [...]

Tags: commuter benefits, punitive damages, release, temp workers, temporary employees
Posted In: Employment Law News 

2009 IRS Standard Mileage Reimbursement Rate Is 55 Cents

Written By: Melissa C. Marsh, Esq., California Business Attorney, January 2009

For 2009, the standard mileage rate deduction for business use of a vehicle is 55 cents per mile. Pursuant to California Labor Code §2802, California employers are required to reimburse employees for all expenses incurred by the employee in performing their duties, including expenses for travel, dining, and mileage (other than to and from work/home). The employee cannot agree to waive this right to receive reimbursement.

The California Labor Commissioner has also stated that any California employer who reimburses its employees at less than the standard IRS mileage rate (55 Cents for 2009) will have to prove that the employee’s actual expenses were in fact less than the standard IRS mileage rate, or be subject to liability for the difference.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained on this web site is not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed on a taxpayer under the U.S. Internal Revenue Service. [...]

Tags: mileage, reimbursement
Posted In: Business Law Bulletin  Employment Law News 

California Supreme Court to Rule on Meal Periods and Rest Breaks

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2008

Pursuant to California Labor Code §512, employers are required to “provide” all non-exempt California employees with a 30-minute meal break and a 10-minute rest break every four hours worked, if the workday is 5 hours or more. A question has arose as to whether the employer must offer the required meal and rest breaks, or actually ensure their employees take the required meal and rest breaks.

In [...]

Tags: california rest breaks, lunch break, meal periods
Posted In: Employment Law News 

California Overtime Laws Pertaining To California Computer Programmers and Software Engineers

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2008

Update: For 2009, to be exempt from California’s overtime provisions under the computer professional exemption codified in Labor Code §515.5, the computer professional must earn at least $79,050 annually ($6,587.50 monthly and $37.94 hourly) and still meet the duties requirements set forth below.

Although many computer professionals and [...]

Tags: california, california overtime laws, programmer, software engineer
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.