Non-Ca Employees Bound by CA Labor Code

June 30, 2011 the California Supreme Court ruled that even though a company's employees live and work in another state when they come into California and work the employer MUST follow California Labor Code regulations The main one that this will effect most often will be overtime and rest/meal periods.

If an employee works over 8 hours in a day they get time and a half for hours 9, 10 and 11 and double time at hours 12 and up. Even if they only work the one day in the week. If they work over 40 in a week they get overtime as well.

In California if an employee works 6 hours or more they must get 2 10 minutes breaks and a 30 minute lunch break, away from their work station, mid-way of their shift. Example: Starts at 8 at 10 a.m. they get a break, 12 to 12:30 is lunch and 3 to 3:10 is a break. Failure to provide the breaks and lunch could result in a 1 hour penalty for each.

If you have questions or concerns regarding how to implement California regulations please contact our firm, we will be happy to assist you.

No Match Letters

The Social Security Administration is looking to send out letters indicating that their records do not match the records that the employer has sent them. When you get a no match letter please check your payroll records to make sure there isn't a typo that has caused the discrepancy. If everything seems to match what you were given by the employee meet with the employee and explain that you have received this information and give them between 60 and 120 days to straighten out the issue with the local social security administration. They need to bring to you, on SSA letterhead, information that shows the social security number you have is correct. Keep this information in the employee's HR file.

If the employee cannot bring in confirmation that the social security number is their number you may need to terminate their employment. I recommend getting with your legal counsel before taking this step and making sure you have covered all of your bases.