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Questions? using #iefprotect ENTREPRENEUR EMPLOYMENT LAW STARTER KIT Irvine Entrepreneur Forum Jimmie Johnson, Esq. - Fisher & Phillips.

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Presentation on theme: "Questions? using #iefprotect ENTREPRENEUR EMPLOYMENT LAW STARTER KIT Irvine Entrepreneur Forum Jimmie Johnson, Esq. - Fisher & Phillips."— Presentation transcript:

1 Questions? using #iefprotect ENTREPRENEUR EMPLOYMENT LAW STARTER KIT Irvine Entrepreneur Forum Jimmie Johnson, Esq. - Fisher & Phillips LLP

2 Questions? using #iefprotect Independent Contractors

3 Questions? using #iefprotect SB 489 Willful Misclassification of Independent Contractors –Civil penalties between $5,000 and $15,000 for EACH violation –Civil penalties between $10,000 and $25,000 for a pattern and practice of violations –Employer must display on Website that it has violated law

4 Questions? using #iefprotect Factors for Determining if Worker is an Independent Contractor 1.Whether employer has right to control manner and means of work 2.Whether worker is engaged in a distinct occupation or business 3.Whether the type of work is usually done by an employee or independent contractor

5 Questions? using #iefprotect Factors for Determining if Worker is an Independent Contractor 4.The skill required in performing the work 5.Whether the worker supplies his own tools and place of work 6.Length of time for which the work is to be performed 7.Whether the method of payment is on a per- hour or per-job basis

6 Questions? using #iefprotect Factors for Determining if Worker is an Independent Contractor 8.Whether the work is part of the regular business of the employer 9.Whether the parties believe they are creating an employee relationship or an independent contractor relationship

7 Questions? using #iefprotect The Plumber The McDonalds Guy

8 Questions? using #iefprotect Meal and Rest Periods

9 Questions? using #iefprotect Rest Periods Need to provide non-exempt employees rest periods as follows: 1.A 10-minute rest period for every 4 hours worked or major fraction thereof. 2.A worker earns a rest period after 3 ½ hours of work. 3.Rest periods should be provided in the middle of the 4 hour period as practical as possible.

10 Questions? using #iefprotect Meal Periods Need to provide non-exempt employees meal periods as follows: 1.A 30-minute, uninterrupted, duty free meal period for every 5 hours worked. 2.If the work day is less than 6 hours, the employee may waive the meal period. 3.If the work day is less than 12 hours, the employee may waive the second meal period.

11 Questions? using #iefprotect The Nature of the Work Exemption Extremely Rare

12 Questions? using #iefprotect Meal and Rest Period Do you need to simply provide meal and rest periods or ensure they are taken? Can you provide meal periods at the beginning of a shift?

13 Questions? using #iefprotect Uniforms

14 Questions? using #iefprotect Uniforms Employer must pay all expenses associated with providing and maintaining uniforms except for incidental normal laundry expenses; or Pay employee 1 hour of the minimum wage per week for maintenance (if realistic estimate of maintenance costs).

15 Questions? using #iefprotect Uniforms Employer can have employee make a deposit for uniforms – but regulations make this option non-practical. Employer can receive written authorization from employee to deduct final paycheck amount for any unreturned uniforms – however, the deduction cannot violate federal minimum wage laws.

16 Questions? using #iefprotect ENTREPRENEUR EMPLOYMENT LAW STARTER KIT Irvine Entrepreneur Forum Jimmie Johnson, Esq. - Fisher & Phillips LLP

17 Questions? using #iefprotect


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