New state prevailing wage enforcement manual independent. Interestingly, the recently revised dlse enforcement policies and interpretations manual seems to be at odds with ms. As of december 28, 2006, however, the dlse amended its enforcement manual to delete this requirement. The manual provides that deductions cannot be made for partialday absences from vested wages, and explicitly prohibits the use of. Historically, the dlse has taken the position that the learned professional exemption requires an educational degree above a bachelor s degree e. Securities and exchange commission division of enforcement.
The most recent opinion letter was issued on july 6, 2006. This is a clear position reversal from that stated in a 2002 opinion letter which suggested that such deductions might jeopardize exemptions under the salary basis test and expose employers to significant risks of having to pay overtime to exempt workers. In its new guidance the dlse maintains, for the first time, that an employer may not require its employees to remain on the employers premises during rest breaks. Californias division of labor standards enforcement dlse recently updated its guidance on paid 10minute rest breaks. Dlse rescinds controversial opinion regarding the ability. This manual requires adobe acrobat reader to view and print. Travel time for exempt employee, california labor law talk. Dol opinion letter flsa200632 september 14, 2006, emphasis added. California division of labor standards enforcement, the 2002 update of the dlse enforcement policies and interpretations manual rev. The 2002 update of the dlse enforcement policies and interpretations manual revised. The california department of labor standards enforcement dlse relies on the fair labor standards act regulations to determine the regular rate of pay for the purposes of calculating overtime. Policies and interpretations manual instructions dlse. California division of labor standards enforcement issues. Based on an earlier letter dated march 1, 2002, the dlse concluded that a weekly salary test may be used to meet the california requirements for a monthly salary.
California dlse issues opinion letter regarding deductions for. Cash contends this rule prohibiting reliance on a former dlse interpretive bulletin does not extend to matters contained in dlse opinion letters, which are advisory opinions issued by the agency. The subject is addressed in chapter 7 of the wage and hour manual for california employers, tenth edition, by attorney richard j. The division of labor standards enforcement dlse enforcement policies and. As such it frequently issues opinions and letters from which we can properly obtain guidance. We agree that a dlse opinion letter is not void on its face merely because it was issued without following the apa rulemaking provisions. The 2002 update of the dlse enforcement policies and. June, 2002 division of labor standards enforcement enforcement policies and interpretations manual d prohibit an employer from depositing wages due or to become due or an advance on wages to be earned in an account in any bank, savings and loan association or credit union of the employees choice with a place of business located in this state, provided. The court noted that the dlse had adopted the federal regulation in its enforcement manual issued to hearing officers the dlse enforcement policies and interpretation manual 2002, rev. Dlse enforcement manual california department of industrial.
Dlse enforcement policies and interpretations manual 2002. California exempt employees the 2002 update of the dlse. The 2002 update of the dlse enforcement policies and interpretations manual employees exempted from orders generally. Defendant references chapter 19 of the dlse enforcement policies and procedures manual rev. Dlse opinion letters by subject dlse opinion letters by date withdrawn opinion letters. The dlse test for determining if the nature of the work prevents an employee from being relieved of all duty is whether, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties.
Dlse employment policies and interpretations manual 2002 rev. The 2002 update of the dlse enforcement policies and interpretations manual revised the division of labor standards enforcement dlse enforcement policies and interpretations. Cayman islands monetary authority enforcement manual june 2006 2. The 2002 update of the dlse enforcement policies and interpretations manual revised the division of labor standards enforcement dlse enforcement policies and interpretations manual summarizes the policies and interpretations which dlse has followed and continues to follow in discharging its duty to administer and enforce the labor statutes and. Dlse has opined that use of the irs mileage allowance will satisfy the expenses incurred in use of an employees car in the absence of evidence to the contrary.
New california decision affirms employers ability to. In addition, the court requests the division of labor standards enforcement to file a brief addressing the above. On february 15, 2002, the california division of labor standards enforcement dlse issued an advice letter on the subject. However, when my normal work day is from 85, and i have to get up at 4am to be at the airport, which is 30miles farther away from work, by 6am to catch a plane to fly across country, that doesnt land until 68pm. Policies and interpretations manual june 2002 hereafter dlse. The court needed to address the enforcement policy because it was directly on point and supported alvarados position. The 2002 update of the dlse enforcement policies and interpretations manual revised acknowledgements the division of labor standards enforcement dlse enforcement policies and interpretations manual summarizes the policies and interpretations which dlse has followed and continues to follow in discharging its duty to administer and enforce the. The second reason is that in 2002 the dlses enforcement policies and interpretations manual was updated and the reference to this issue was removed. The 2002 dlses enforcement policies and interpretations manual, last revised in. Summary of cases accepted and related actions during. The enforcement manual manual is a reference for staff in the division of enforcement division or enforcement of the u. The california division of labor standards enforcement dlse is the regulatory agency that enforces californias wage and hour laws. On august 19, 2009, the dlse issued a new opinion letter reversing its earlier conclusion and determining that an employer.
New dlse guidance says employers may not require employees. Iwc orders, section 1, applicability of order primarily engaged in. Accordingly, an employer may deduct a full week of salary as a consequence of a full week shutdown without jeopardizing the. Thank you very much for the dlse enforcement manual reference. I found this footnote in the the 2002 update of the dlse enforcement policies and interpretations manual revised that i found linked to a related question. Exempt employees and partialday absences shaw law group. California updates its wage orders and enforcement manual. Division of labor standards enforcement dlse manuals. Please note, in addition, that dlse opinion letters are advice in specific. The division of labor standards enforcement dlse enforcement policies and interpretations manual summarizes the policies and interpretations which dlse has followed and continues to follow in discharging its duty to administer and enforce the. Californias labor commissioner adjusts professional. Computation of commissions frequently relies on such. In unanimous decisions, the first appellate district in. The dlses enforcement positions are available online in its division of labor standards enforcement polices and interpretations manual.
The enforcement manual was first released in 2002 and updated periodically. Employees primarily engaged in administrative, executive, or professional capacities are exempt from section 3 through 12 of the orders. Time spent changing clothe s or washin g up on th e emp loyers pr emises is c ompe nsable if it is compe lled by the necessitie s of the emplo yers business. Dlse policies and interpretations manual instructions. Workplace law overworked partner seeking overtime pay. It is the opinion ofthe division oflabor standards enforcement. Computation of commissions frequently relies on such criteria as the date the goods are delivered or the payment is received. Division of labor standards enforcement public works manual 1 may 20 1. As of 2006, these three companies all of them foreign owned accounted for 82% of u.
The manual provides that deductions cannot be made for partialday absences from vested wages, and explicitly prohibits the use of accrued vacation to pay for partialday absences. California supreme court applies administrative exemption to claims adjusters. Note the extract from the dlse enforcement manual stating that computer professionals are exempt only for the. Complying with california overtime payment law shrm.
June 10, 2006 exempt employees and partial day absences. Recently, however, the first district court of appeal ruled in conley v. The dlse is the agency empowered to enforce californias labor laws, including. March 2006 dlse manual, contains a slightly different. Amici curiae who have filed briefs in this matter may also file supplemental briefs addressing the above question if they so choose. In 2002, the california division of labor standards enforcement dlse had issued an opinion letter concluding that employers could not. Hospitals, rest homes, residential care new provisions in order 52002.
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