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 breaks.

An employee release that requires the employee to acknowledge a false time record are void.

Pursuant to California Labor Code §206.5, California employers who require their employees to acknowledge a false time record are guilty of a misdemeanor.

Temporary Employees Must Be Paid Weekly, and Day Laborers Must Be Paid Daily.

Pursuant to Labor Code §201.3, temporary employees (from a temp agency) whose employment period is uncertain must be paid weekly, while day laborers must be paid at the end of each day. Failure to properly compensate these employees can result in both civil and criminal penalties.

San Francisco Employees Entitled To Commuter Benefits.

San Francisco employers with 20 or more employees who work at least 10 hours per week, in or outside San Francisco, must provide each employee with: (1) a pre-tax benefit of $115 per month for transportation; OR (2) a transportation pass (or reimbursement for one) valued at $45 or more pre month; OR (3) an employer provided shuttle service. Failure to comply may result in a fine of $100 for the first violation, $200 for the second violation and $500 for each additional violation.

Pursuant to the Appellate Court’s Ruling In Brewer v. Premier Golf Properties Employees Cannot Recover Punitive Damages For Wage and Hour Labor Code Violations.

In Brewer v. Premier Golf Properties, __ Cal.4th __ (2008), the California Appellate Court held that punitive damages are not recoverable in wage and hour claims for two reasons: (1) California Civil Code § 3294 precludes an award of punitive damages in actions arising out of a breach contract, here the oral employment agreement; and (2) The “new right-exclusive remedy” doctrine prohibits the award of punitive damages in claims alleging a violation of a Labor Code statute that provides a penalty, including: Labor Code §512 which regulates meal and rest breaks and Labor Code §226.7 which provides the penalty; Labor Code §226(e) that addresses pay stub violations; and Labor Code §1197.1 which prescribes the penalty for minimum wage violations.