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Your Legal Corner - Client Alert Blog - Archives for February 2014

California’s On Call Time Laws to be Reviewed by CA Supreme Court

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2014

New rules for when California employers must pay their employees for “on call” or standby time.

California Law on Paying Employees for On Call Standby Time

Currently, California law defines "hours worked" as "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so." See, California Industrial Wage Order No. 4-2001.

California's [...]

Tags: on call time
Posted In: Employment Law News 

California Law on Vacation Pay and PTO – In Brief

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2014

First, there is no law that requires a California employer to pay its employees for vacation time, or to have a paid time off (PTO) policy. However, if an employer has agreed to provide, or pay, vacation time or PTO, it is considered "wages" and the following rules apply:

  • Vacation Time Accrues as Work is Performed. Vacation time accrues each day the employee works. For example, if an employee is entitled to two weeks (10 days, or 80 hours) of vacation per year, after six months of work the employee will have accrued one week (5 days, or 40 hours) of paid vacation at a rate of 1.538 hours of vacation per week. Upon termination, however, the employer must calculate the accrued vacation time on a daily basis.
  • Use [...]

Tags: California Law on Vacation Time Pay
Posted In: Employment Law News 

New Guaranteed Minimum Salary Basis Test For California Overtime Pay Exemptions

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2014

As of August 2013, to be exempt from overtime under the California executive, administrative, learned professional, creative professional, and inside sales exemptions in California the employee MUST be paid a "guaranteed minimum salary" of at least twice the minimum wage. In Negri v. Koning & Assoc., ___ Cal.App.4th ___ (May 16, 2013), the Sixth District Court of Appeals held that even where an employer pays an employee well over [...]

Posted In: Employment Law News 

New 2014 IRS Mileage Rate

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2014

Beginning January 1, 2014, the IRS standard mileage rate deduction for business use of a vehicle is 56 cents per mile, down a half cent from the 2013 IRS mileage rate of 56.5 cents per [...]

Tags: IRS 2014 Mileage Rate
Posted In: Business Law Bulletin  Corporate Client Bulletin  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.