It can be challenging for employers to keep up with labor law changes. A failure to do so, however, can leave a business vulnerable to employee claims for failing to properly compensate workers. The following are among the three most common violations in California, according to California Employee Advocate
1. Misclassifying workers as exempt employees Employers are in violation of state laws if they classify workers incorrectly under a professional title that is exempt from basic employee rights, such as overtime and minimum wage. The California Department of Industrial Relations has established specific measures outlining which workers qualify for exemptions.
2. Working off the clock Employers could be found in violation of labor provisions if they allow employees to work off the clock at any point. Instances could be accidental if, for example, a worker performs job duties before they punch-in for a shift or if they have to spend a few minutes waiting for a computer to boot up before they can access
timeclock software, the source reports.
3. Misclassifying employees as independent contractors According to California's labor laws, employees count as independent contractors only if they make their own schedule, do not have to wear a uniform for the company, are not being supervised or managed on a regular basis and use their own equipment or tools. Classifying employees who do not meet these provisions could result in penalties and claims.
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