As of January 1, 2016, any individual who is an owner, director, officer, or managing agent of an employer may be held liable as the employer if he or she violates, or causes to be violated, wage and hour provisions. Cal. Lab. Code § 558.1. The California Supreme Court has defined "managing agent" as an employee who "exercise[s] substantial discretionary authority over significant aspects of a corporation's business." White v. Ultramar, 21 Cal. 4th 563, 577.
In Corbin v. Time Warner Entm't-Advance/Newhouse P'ship, the Ninth Circuit was recently asked to determine whether hourly compensation policies at a California call center which rounded hourly time stamps to the nearest quarter hour and which required employees to spend uncompensated time logging into a computer based time program violated the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et seq., and various California state employment laws.