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EQHR

How to Determine Your Employees Regular Rate of Pay

Employees Regular Rate of Pay Both California Overtime Law and Federal Overtime Law require that non-exempt employees are paid overtime based on a “regular rate of pay.” This regular rate or pay is not simply the given hourly rate of pay but is a computed rate based on all the compensation that is earned for the week. […]

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EQHR

Can I Reduce an Employee’s Temination Notice Period?

An employer asks: “Steve gave his two weeks’ notice today, I’m worried he will be disruptive during these 2 weeks and he will contact clients and perhaps take contact information and other company documents. Can we let him go now?”. This is a frequent question from employers and usually our answer is “yes,” but there are a […]

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EQHR

Understanding Non-Compete and Non-Solicitation Agreements

In California, non-compete agreements are illegal and void for employees and independent contractors. The three main types of restrictions are (1) a true noncompete where an employee cannot work for a competitor, (2) a non-solicitation of customers restriction, and (3) and non-solicitation of employee’s restriction. The only exception in California is for the owners of a business, […]

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EQHR

Summer Interns are Coming – Are you Prepared?

If you are planning on hiring summer interns this year, you should be aware of the issues involved. Employers always ask the question, should I pay my interns? The easiest and safest answer is yes, you should pay your interns at least the minimum wage and thereby avoid any potential claims and issues. However, now that the […]

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EQHR

Drug Testing in the Workplace

At a recent labor law seminar, a labor attorney shared how many of his clients in Colorado had to eliminate marijuana from their pre-employment drug screening because they found that none of their candidates were passing the drug screening and they were having difficulty hiring. Now that marijuana has been legalized in California, I imagine […]

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