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California Wage and Hour Law Update



Tuesday, November 23, 2010
Product Code - PYAU01
Speaker(s): Mindy Harada, Employment Tax Specialist
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California is its own little island of compliance issues. California probably has the greatest amount of wage and hour laws with the strangest tweaks and differences from the federal guidelines to keep a payroll or HR person busy for quite awhile. Maintaining compliance with California can be difficult. We will cover some of the common issues and also have a questions and answer session afterward for you to discuss your specifics. In this session we will cover: The California wage orders, Overtime, On Call / Reporting time/ Show up pay, What do you have to show on the pay stub, How often do you have to pay an employee and in what format, What are your requirements when an employee is terminated?

Covered Topics will include:

  • Wage orders: How to determine which of the 17 wages orders applies to your company
  • Overtime: CA has daily and weekly overtime and daily and weekly double time. Learn how to determine when its straight time, overtime or double time
  • Alternative workweeks: Are your employees eligible to have alternative workweeks and are employers required to offer them
  • Minimum Wage: How do credits for meals and lodging or tips affect the current minimum wage for the state
  • On call pay: Does CA require it for all employees all the time
  • Reporting or show up pay: does the employer owe wages to any employee for just showing up to work? Even if there is no work to be performed?
  • Split shifts: Is there a monetary requirements to pay the employee extra if they work a split shift
  • What are the requirements for posters and payday notices
  • What must be included in the employees paystub and what must be excluded
  • What notices are required to be given to employees upon hire or if they are laid off or terminated. What if they go on leave of absence
  • How often must employees be paid in CA? Does it apply to all categories of employees
  • What methods are permitted to pay employees? Are there rules for direct deposit. Can employees be paid by payroll debit card
  • What are the rules for paying out the final paycheck if an employee is terminated? Are they the same if the employee quits? How does either one affect the vacation time left on the books?
  • Are meal and rest periods required or left up to the employers policies. If required what are the penalties if the employees does not receive his or her meal or rest period
  • Recordkeeping requirements including required time card punches
  • Permissible deductions from pay

Mindy Harada, Employment Tax Specialist

 Harada Resized
Mindy Harada, an employment tax specialist with over 17 years of employment tax experience as an independent consultant, an employee with one of the Big 4 firms, and as a payroll tax auditor with the state of CA.

Ms Harada provides consulting services encompassing the complete array of human resource and payroll tax issues. These include payroll tax minimization studies, downsize consulting, payroll tax compliance reviews, and independent contractor studies. Mindy represents clients in many different industries at both the state and federal level during independent contractor and payroll compliance audits.

Now a sole proprietor, Ms. Harada previously was the west coast practice leader for the Employment Tax Practice at Deloitte Tax LLP. Ms. Harada's prior employment as a Tax Auditor IV with the Employment Development Department, State of California, has allowed her to assist clients undergoing a payroll tax audit. She spent two years as a Hearing Specialist before the California Unemployment Insurance Appeals Board, representing the EDD during the administrative appeals process.

Ms. Harada is a frequent presenter on various employment tax topics at APA events on the west coast and for several payroll service providers on a national basis. She has presented before the California Society of CPAs and has also spoken at several California Payroll Conferences as well as Conferences in the Pacific Northwest and many other locations throughout the country.

Ms. Harada holds a B.S. in Business Administration, with a Concentration in Accounting from San Jose State University, San Jose, CA.

Ms. Harada is a Certified Payroll Professional.