While not a scientific survey, here are some mistakes that we commonly see employers make. Even though they might seem small, they can result in significant exposure. Review your policies and practices for the following:
1. Do you have all of the items required by Labor Code section 226(a) on your pay stubs? There are nine enumerated items. If you use a piece rate, you also need the additional items listed in Labor Code section 226.2.
2. Are your non-exempt employees recording their meal break times? Make sure they are accurately recording the actual daily times. The law requires this, and having a time keeping system that makes it difficult is not a defense.
3. Are you providing the required notices to employees when they may have rights to a family or medical leave under FMLA or CFRA? The employer has a duty to provide notice even if the employee does not ask for the leave.
4. Do you have written agreements with all employees who are paid by commission? Such agreements are required by Labor Code section 2751, which has specific requirements.
Related practice team: Labor and Employment
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