DLSE opinion letters - by subject
Revised 5/9/12
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Letter No. |
Manual Section |
Description |
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56.7.3.1 |
Alternative workweek: 9/80 schedule |
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Alternative workweek: "Affected employees" |
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| 2009.03.23 (Pdf)(Doc) Requesting Letter |
Alternative Workweek: During Summer Months |
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Alternative workweek: Healthcare registry workers (Order 5) |
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Alternative workweek: Identifiable work unit |
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Alternative workweek: Part-time employees |
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56.11 |
Alternative workweek: Reduction of pay not allowed |
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Alternative workweek: Substitute employees |
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Alternative workweek: Temporary placement in multiple settings Joint employment |
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Alternative workweek: Work beyond regular schedule |
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48.1.6 |
Belo contracts |
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19.3.5 |
Bonus: Banquet service charges, overtime Overtime: Banquet service charges as bonus |
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35.2 |
Bonus: Effect of voluntary termination |
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5.2.4 |
Bonus: Payday obligations, quarterly bonus |
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49.2.1.2 |
Bonus: Payment on monthly basis (Labor Code § 204) |
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35.5 |
Bonus: Substantial performance rule |
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Bonus: Substantial performance, recovery from wages |
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Child labor: Entertainment Industry - Reality Television |
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Child labor: Prohibited construction work (Labor Code §1294.1) |
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Commission calculations |
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34.3.1 |
Commissions: Effect of termination |
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Commissions: Loss reconciliation Commission vs. piece rate |
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11.3.1 |
Commissions: Loss reconciliation Commissions: Mortgage loan officer commissions |
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Commissions: Nursing procedures |
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| 2003.04.30 | Commissions: Post termination | |
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34.4 |
Commissions: Reserve accounts; loss reconciliation |
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| 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 | |
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29.2.3.1 |
Compensable time Owner/operator lease agreements: Costs of operating truck |
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46.1.1 |
Compensation: "Control of the employer" test for compensation due to employee Hours worked: On-call time, beepers |
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Compensation: Ski industry employees |
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3.5 |
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 |
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Coverage of California's wage laws |
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| 2009.02.04 (Pdf w/attach)(Doc w/o) Requesting Letter |
Credit Available for Training Trust Payments |
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22.3 |
Credit card requirement by employer where no cost to employee |
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Day of rest |
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Deductions: Authorization |
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11.2.4 |
Deductions: Cost of processing lost or stolen check |
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Deductions: Debiting a manager's pay for staff salary and expenses |
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11.3.1 |
Deductions: Discussion of underlying law |
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| 2003.02.24 |
Deductions: From employee's wages for damage to company property |
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2009.11.23 |
11.3.1 |
Deductions: From Leave Credits for Partial and Full Day Absences of Exempt Employees |
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11.2.4 |
Deductions: IWC Orders, Section 9 |
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Deductions: Negative election to participate in 401(k) plans (Labor Code §§ 221-224) |
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Deductions: Overpayment of wages |
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Deductions: Payroll (Labor Code § 224) |
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11.3.2 |
Deductions: Unauthorized Deductions: IWC Orders, Section 8 Deductions: Gross negligence, simple negligence Posting of bond: Employer protection against loss of goods |
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15.1.4 |
Differentiation between sick leave and vacation pay Termination pay: Unearned vacation time advanced to employee deducted at time of termination |
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3.2.2 |
Discharge: Layoff (contractual recall rights) |
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3.2.2 |
Discharge: Layoff vs. shutdown |
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15.1.12 |
Discharge: Pay at termination for holiday |
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15.1.4 |
Discharge: Pay vacation at termination Vacation: "Use it or lose it" clause |
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4.6 |
Discharge: Payment of commissions upon termination |
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Discharge: Waiting time penalty (employees of temporary employment agencies) |
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| 2010.04.07 (Pdf)(Doc) Requesting Letter |
Educational Internship Program |
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Electric payroll deposit |
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| 2006.07.06 (Pdf) |
Electronic Delivery of wage statements | |
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Electronic paychecks and direct deposit (Labor Code §§ 226 and 1174) |
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Employee expenses: Automobile insurance requirement (Labor Code § 2802) |
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43.6.8 |
Employees: Vocational trainees (students) Minimum wage: Trainees, application, exemption |
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22.3 |
Employer must pay for mandated safety training |
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31.3.2.1 |
Employment applications: Release of liability for disclosure of information |
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Employment status: Culinary externs |
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Employment status: Interns |
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51.6.10 |
Exempt employee: Calculation of pro rata deduction from salary |
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51.6.12 |
Exempt employee: No reduction in salary for day absent if there is a reasonable expectation that employee is to perform some duty |
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51.6.7 |
Exempt employee: Reduction of salary in conjunction with reduction of hours in workday or days in workweek |
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| 2003.01.15 |
Exempt status: Professionals Wages: Payment based on employer's receipt of payment for services rendered |
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52.3 |
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 |
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Exemption: Executive, "customarily and regularly" |
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Exemption: Executive, remuneration test |
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Exemption: Executive, remuneration test |
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Exemption: Outside salesperson, real estate |
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Exemption: Personal attendant (Order 15) |
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Exemption: Professional, physician assistants and nurse practitioners |
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| 2003.01.13 | Exemption: Site surveillance technicians | |
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54.10.7.1 |
Exemption: Teachers |
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| 2003.01.17 | Exemption: Teachers | |
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46.6.6 |
Exemption: Trainee intern programs |
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| Exemption: Determination of exempt or nonexempt status of officers and "key administrative personnel" employed by labor unions | ||
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Exemptions: Salary basis test for administrative, executive, and professional employees |
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29.2.3.1 |
Expenses: Reimbursement (Labor Code § 2802) |
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22.3 |
Expenses: Reimbursement by direct deposit may not be compelled |
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22.3 |
Expenses: Reimbursement for cost of insurance required by employer are recoverable (Labor Code § 2802) |
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Expenses: Reimbursement, purchase of excess auto insurance (Labor Code § 2802) |
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55.2.1.1 |
Employer: Definition of employer |
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| 2003.02.03 | Farm labor contractor license requirements | |
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Farm labor contractor status |
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Garment manufacturing license: Temporary employment agencies |
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Garment manufacturing: Out-of-state supplier contracting in California |
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Exempt status: Additional compensation |
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Hours worked: Charging applicants for training |
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Hours worked: Meal periods (employee required to remain on premises |
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Hours worked: Meal periods (healthcare industry) |
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Hours worked: Meal periods restricted to employer's premises |
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46.2 |
Hours worked: On-call time (tests, travel, and training) |
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46.1.1 |
Hours worked: On-call time, beepers Compensation: "Control of the employer" test for compensation due to employee |
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45.1.5.1 |
Hours worked: "On-call time," resident apartment managers |
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Hours worked: Overtime, truck drivers adding covered to uncovered hours |
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47.5.6.1 |
Hours worked: Pagers; On Duty Meal Period |
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43.6.4.1 |
Hours worked: Public transit employees start and end shifts at different locations Minimum wage |
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Hours worked: Sleep periods for ambulance drivers and attendants (Orders 5 and 9-98) |
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Hours worked: Sleep shifts (Order 5) |
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| 2002.12.11 | Hours worked: Split shift | |
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46.3 |
Hours worked: Time spent traveling on out-of-town business trip |
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Hours worked: Training or tryout time |
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Hours worked: Training time |
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Hours worked: Travel time |
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46.6.4 |
Hours worked: Uniforms, change time |
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46.6.4 |
Hours worked: Uniforms, change time |
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46.6.4 |
Hours worked: Uniforms, change time Hours worked: Effect of CBA on determining "hours worked" |
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Hours worked: Unrelieved meal periods |
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15.1.4 |
Hours worked: Vacation, flex time off |
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48.1.2 |
Hours worked: Workday Overtime: Pyramiding |
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48.1.3 |
Hours worked: Workweek |
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22.1.1 |
Illegal to require payment to apply for employment (Labor Code § 450) |
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Independent contractor vs. employee: Assistant golf professional |
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Independent contractors vs. employee, registered nurses with a nursing registry |
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50.13.1 |
Independent contractors: "Promotional extras" |
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IWC classification: Golf courses with restaurants |
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IWC classification: Private clubs (Orders 5 and 10) |
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IWC coverage: Agricultural occupations, Order 14 vs. 13 (packaging facility located on grower's farm) |
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43.6.11 |
IWC coverage: Air charter service (Order 9) |
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IWC coverage: Cut flower industry (Order 14) |
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IWC coverage: Cut flower industry (Order 14) |
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IWC coverage: Cut flower industry (Order 14) |
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IWC coverage: Employees of temporary employment agencies |
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| 2003.01.10 | IWC coverage: Employees of temporary employment agency placed with public employers | |
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IWC coverage: Log truck drivers (Order 16) |
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IWC coverage: Maintenance (Order 5) Overtime computation: Piece rate |
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43.7.1.3 |
IWC coverage: Multi-purpose firm with distinctly separate units |
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IWC coverage: Multi-purpose firm with distinctly separate units |
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IWC coverage: Order 5 overlap with occupational orders |
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| 2005.11.23 (Pdf) (Doc) |
IWC Coverage: Personal Attendant definition: Scope of Duties (Order 15) |
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43.7.1.3 |
IWC coverage: Printing (Order 1) IWC coverage: Newspaper publishing (Order 4) |
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IWC coverage: Trucking company support personnel |
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Joint employment Alternative workweek: Temporary placement in multiple settings |
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43.6.1 |
Jurisdiction: Military bases; Temporary/Full Time Employees in oil spill cleanup; Employees temporarily employed in another state |
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43.6.1 |
Jurisdiction: Temporary/Full Time Employees in oil spill cleanup |
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43.6.1 |
Jurisdiction: Employees temporarily employed in another state |
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Jurisdiction: Multiplicity of actions |
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Jurisdiction: National Forests |
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Jurisdiction: NLRA preemption |
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Labor Code § 233: Sick leave to attend to family |
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| 2003.05.21 (Pdf) (Doc) |
Labor Code § 233: Sick leave to attend to family | |
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24.3 |
Labor Code § 973: Advertising for employees during a strike, lockout, or other labor dispute |
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| 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 | |
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Meal Periods - Obligation to provide |
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Meal periods: "On duty" |
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47.5.6.1 |
Meal period: On duty; Pagers |
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| 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 | |
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Meal Periods: Purported waiver of state standards |
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43.6.4.1 |
Minimum wage Hours worked: Public transit employees start and end shifts at different locations |
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Minimum wage: California State University employees |
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43.6.5 |
Minimum Wage: No exemption for employees of religious organizations Volunteers: Definition of volunteer vs. employee |
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43.6.8 |
Minimum wage: Trainees, application, exemption Employees: Vocational trainees (students) |
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| 2008.07.07-2 (Pdf)(Doc) Requesting Letter |
Money Network Checks - Means of Payment of Wages under Labor Code § 212 | |
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Negative election to participate in 401(k) plans |
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Outside salesperson |
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Overtime Wages, regular rate of pay: Calculation for employee working at two different hourly rates |
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Overtime: 24-hour employees |
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Overtime: Airport shuttle drivers |
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19.3.5 |
Overtime: Banquet service charges as bonus Bonus: Banquet service charges, overtime |
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Overtime: "Belo" contracts |
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48.1.4 |
Overtime: "Belo" contracts; premium pay |
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50.7.1.3 |
Overtime: Collective bargaining agreements |
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Overtime: Combining covered and uncovered hours |
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Overtime: Commission pay plans |
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Overtime: Excessive, day of rest |
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Overtime: Extended care facilities (14/80 rule) |
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Overtime: Federal Service Contract Act |
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Overtime: Fluctuating workweek |
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| 2002.12.13 | Overtime: Limousine drivers | |
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34.1 |
Overtime: Mechanics, flat rate |
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Overtime: No pyramiding of hours |
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50.8.1.1 |
Overtime: Provisions of IWC wage order. for two-axle trucks not regulated by Department of Transporation |
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48.1.2 |
Overtime: Pyramiding Hours worked: Workday |
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47.5.1.1 |
Overtime: Regular rate of pay, multiple rates |
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Overtime: Saturday and Sunday work: Public Works employment contracting |
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Overtime: Wage plus commission Wages, regular rate of pay: Basic wage plus commission |
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Overtime computation: Piece rate IWC coverage: Maintenance (Order 5) |
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50.9.8 |
Overtime exemption: Ambulance drivers and attendants |
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50.6 |
Overtime exemption: Commissioned sales (use of draw in computing) |
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Overtime exemption: Commissions ("principally") |
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50.8.1.1 |
Overtime exemption: "For hire" motor trucks |
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29.2.3.1 |
Owner/operator lease agreements: Costs of operating truck Compensable time |
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41.2.3 |
Paperless time recording system |
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22.3 |
Patronizing employer: Employer cannot require employee to purchase truck for use in business (Labor Code § 450) |
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5.2.4 |
Pay day obligations (Labor Code § 204) |
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34.2 |
Pay: Minimum wage, draw offsets |
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Payday obligations: Direct deposit |
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9.1.9 |
Payday obligations: Direct deposit |
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9.1.9 |
Payday obligations: Direct deposit |
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| 2008.07.07 (Pdf)(Doc) Requesting Letter 1 Requesting Letter 2 |
Payroll/Debit Cards - Means of Payment of Wages Labor Code §§ 212 and 213 | |
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Payroll direct deposit: ATM access |
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| 2002.12.12 | Payroll: Payment by cash dispensing machine, violation of Labor Code §§ 212, 221, 450 | |
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55.3.3 |
Personal attendant: "Other significant work" |
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Personal attendant: Nonprofit corporation respite care workers, IWC Order 5 |
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| 2005.11.23 (Pdf) (Doc) |
Personal Attendant definition: Scope of Duties - IWC Order 15 |
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Personal attendants vs. practical nurses, intrusive care |
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42.6 |
Personnel files: Obligations of employer to provide employees access |
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Piece rate calculation |
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| 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 | |
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37.2.6 |
Public Works: partner coverage |
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Public Works employment contracting: Saturday and Sunday work |
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Reporting time pay |
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Reporting time pay: Absent a specific agreement, eight hours of labor constitutes a day's work |
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Reporting time pay: Poor performance |
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| 2003.04.23 | Resident employees: IWC Order 5-2001 (as updated) | |
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45.3.3 |
Rest breaks |
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Rest period provisions |
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45.3.3 |
Rest period requirements |
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| 45.3.1 |
Rest Periods |
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Rest periods |
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45.3.5 |
Rest periods: Order 16 (on-site construction) Rest periods: CBA exception |
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| 2009.08.19 (Pdf)(Doc) Requesting Letter |
Salary Basis Test - Work Schedule and Salary Reduction to Avoid Layoff | |
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Salesperson exemption (Orders 4 and 7) |
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| 2002.05.17 | 41.2.1 | Semimonthly pay periods for nonexempt salaried employees (Labor Code § 226) |
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19.3.5 |
Service charge not gratuity |
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Similarly situated employees |
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Stand-by time |
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| 2002.06.13-1 | Tardiness | |
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4.3.1 |
Termination pay: Obligation to return in case of quit |
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15.1.4 |
Termination pay: Unearned vacation time advanced to employee deducted at time of termination Differentiation between sick leave and vacation pay |
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Third party beneficiary claims |
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| 2005.09.08 (Pdf) (Doc) |
Tip pooling policy: lawfulness of mandatory policy and criteria for participation in mandatory policy | |
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19.3.1 |
Tip pooling |
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Tips: Dancers (Orders 5 and 10) |
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43.6.8 |
Trainees: Criteria utilized for true trainee situation vs. employee |
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Student Trainee vs. employee; work permit requirement |
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29.2.3.4 |
Training: Cost of licensure training not usually payable by employer |
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| 2003.04.22 | Travel time pay for employee with alternative worksites |
Truck Driver/Transportation Industry |
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45.5.2 |
Uniforms: Requirement, clothing without metal |
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45.5.3 |
Uniforms: Requirements |
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45.5.6 |
Uniforms: Tropical shirts |
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15.1.4 |
Vacation: Accrual rate may not decelerate during employment |
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15.1.5 |
Vacation: Based on proportionate accrual and no forfeiture |
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Vacation: Bonus days |
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Vacation: Cafeteria style plans |
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| 2003.01.28 |
Vacation: Calculation Waiting time penalty: Calculation |
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15.1.10 |
Vacation: Calculation on draw, percentages of commissions |
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15.1.10 |
Vacation: Car allowance |
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15.1.10 |
Vacation: Cash out at lesser rates prohibited |
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| 2003.01.21 | Vacation: Change in plan | |
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15.1.4 |
Vacation: Earnings cap |
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15.1.4 |
Vacation: Earnings cap (reasonableness) |
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43.6.11 |
Vacation: Federal Service Contract Act (See also O.L. 1987.09.08) |
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43.6.11 |
Vacation: Federal Service Contract Act (See also O.L. 1987.06.13) |
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15.1.10 |
Vacation: Longevity bonuses by temporary service agencies in lieu of vacation |
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15.1.3 |
Vacation: "Paid time off" |
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Vacation: Pay as "wages" |
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15.1.12 |
Vacation: Personal days off |
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15.1.10 |
Vacation: Pro rata pay case-by-case basis |
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15.1.4 |
Vacation: Probationary periods, accrual and acceleration |
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Vacation: Recovery of unearned vacation, prospective policy amendment |
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15.1.14 |
Vacation: Sabbatical leave (See also, O.L. 1987.07.13-1) |
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15.1.13 |
Vacation: Sabbatical leave (See also, O.L. 1987.10.06) |
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15.1.13 |
Vacation: Sabbatical leave |
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15.1.12.1 |
Vacation: Sick leave used for personal business |
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Vacation: Earnings cap |
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15.1.4 |
Vacation: "Use it or lose it" clause Discharge: Pay vacation at termination |
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15.1.2 |
Vacation: When not paid, employees allowed unpaid time off |
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43.6.5 |
Volunteers: Definition of volunteer vs. employee Minimum Wage: No exemption for employees of religious organizations |
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| 2008.11.25-1 (Pdf)(Doc) Requesting Letter |
Wage Deduction: Authorization for Overpayments Due to Payroll Practice | |
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49.2.1.2 |
Wages, regular rate of pay |
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Wages, regular rate of pay: Basic wage plus commission Overtime: Wage plus commission |
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35.7 |
Wages, regular rate of pay: Bonuses included in overtime calculation |
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Wages, regular rate of pay: Calculation for employee working at two different hourly rates Overtime |
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| 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 | |
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Wages, regular rate of pay: Explicit agreement |
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49.2.1.2 |
Wages, regular rate of pay: Piece rate, calculation |
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9.1.2.1 |
Wages: Bonus paid in kind Labor Code § 212) |
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49.2.1.2 |
Wages: Calculation salary plus commissions |
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| 2002.12.09 | Wages: Camp counselors | |
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49.2.1.2 |
Wages: Hourly rate plus commissions |
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5.2.4 |
Wages: Pay day obligations (Labor Code § 204) |
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| 2003.01.15 |
Wages: Payment based on employer's receipt of payment for services rendered Exempt status: Professionals |
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51.6.6 |
Wages: Salary basis test exempt employees |
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51.6.1 |
Wages: Salary requirement, disciplinary deductions from exempt's salary |
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49.2.1.2 |
Wages: Value of prizes calculated in overtime |
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| 2003.01.28 |
Waiting time penalty: Calculation Vacation: Calculation |
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Waiting time penalty: Collective bargaining agreements |
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4.6.2 |
Waiting time penalty: "Willfulness" (inability to pay) |
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Work recesses: IWC Order 8-80, Section 3(E) |
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Workers' compensation insurance coverage: Employee leasing company |
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Workers' compensation insurance coverage: Requirement for relatives |
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Workers' compensation insurance: Out-of-state employers |
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43.6.8 |
Work permit requirement: Student Trainee vs. employee |