Post-Brinker Meal and Rest Period Issues - Part 1: Non-Exempt Issues
Event DetailsPast Event: Thursday, November 14, 2013 at 10:00am - 11:00am Venue: Member Webinar
On April 12, 2012, the California Supreme Court filed its long awaited opinion in Brinker Restaurant Corporation v. Superior Court, finding that every non-exempt employee has the right to an uninterrupted 30 minute meal period, and that employers do not have to ensure that they take them. Now, what must you do as a California employer to be in compliance with the new laws? During part one of this two-part Members Only Webinar, Brian Dixon of Littler Mendelson, will discuss non-exempt issues as they relate to:
Piece Rate and Commission Issues – relevant issues pertaining to employers who pay a non-exempt employee by piece-rate or commission, including current cases suggesting risks to piece-rate plans.
Pay Stub Issues – the Rule of Reason has been repealed and compliance is a must, quick list of common errors; Wage Theft Protection Act reminder.
Recording of Time/ Off-the-Clock Issues – compliant policy, including discipline of managers who allow it, will discuss typical scenarios that cause problems such as employees who may see guests on way to/from time clock; employees who may come early or gather supplies pre-shift.
Overtime Exemption Issues – Executive exemption elements and Assistant Executive Housekeeper as exempt/non-exempt, administrative exemption elements and Controller as exempt/non-exempt
Brian Dixon has been a shareholder in the Littler Mendelson San Francisco office since 1984 and is the co-chair of the Wage and Hour Practice Group. He has authored compensation guides for many industry associations including the California Trucking Association, the California Association of Children’s Homes, and the California Hotel and Lodging Association. He received his Bachelor of Arts degree from University of Rochester, and his Juris Doctorate from Stanford Universty.
Laura E. Hayward advises and represents a wide variety of employers in employment law matters in state and federal courts and before the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement. Prior to joining Littler Mendelson in 2005, Laura worked for a top ranked international firm, specializing in employment and trademark litigation, and class action defense. She received her Bachelor of Arts degree from Stanford University and her Juris Doctorate from Georgetown University Law Center.