Christopher Olmsted

Christopher Olmsted

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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San Diego Voters Approve Minimum Wage and Sick Pay Measure

Voters in the city of San Diego overwhelmingly supported a June 7 ballot measure that imposes a citywide minimum wage and also obligates businesses to provide sick pay benefits to employees. Employers with workforces in San...more

6/15/2016 - Ballot Measures Local Ordinance Minimum Wage Paid Leave San Diego Sick Leave Wage and Hour

California Legislative Update: What State Law Changes Should Employers Anticipate?

California lawmakers have proposed a number of employment and labor law bills during the current legislative session. Most significantly, Senate Bill 3, the bill to increase California’s minimum wage to $15 per hour by 2022,...more

5/16/2016 - Independent Contractors Mandatory Arbitration Clauses Minimum Wage PAGA Proposed Legislation Wage and Hour

Combining 10-Minute Rest Breaks May—or May Not—Be Lawful in California

When must rest breaks occur, and may a company allow employees to combine their rest breaks with other breaks? California’s nuanced meal and rest break rules have spawned an endless cycle of litigation, and as a recent...more

5/10/2016 - Class Action Employer Liability Issues Manufacturers Rest and Meal Break Wage and Hour

Governor Brown Signs California’s $15 Minimum Wage Bill

On April 4, 2016, Governor Brown—as expected—signed a bill to raise the state minimum wage rate to $15.00 per hour by 2022. The new law will increase the minimum wage for large and small businesses according to two schedules...more

4/5/2016 - Exempt-Employees Governor Brown Minimum Salary Minimum Wage New Legislation Wage and Hour

California $15 Minimum Wage Bill Awaits Governor’s Signature

On March 31, 2016, the California legislature approved the nation’s highest statewide minimum wage. SB-3, approved in both the State Senate and Assembly, will increase the state’s minimum wage to $15.00 per hour by 2022. ...more

4/4/2016 - COLA DOL Exempt-Employees Governor Brown Minimum Salary Minimum Wage Over-Time Pending Legislation Small Business Wage and Hour

California Lawmakers and Unions Agree to $15 Minimum Wage

According to media and government reports, California lawmakers have struck a deal with labor unions to increase the statewide minimum wage to $15.00 per hour over several years. The deal was reached on March 26, 2016...more

3/29/2016 - Governor Brown Minimum Wage Proposed Legislation Referendum Votes Unions Wage and Hour

San Diego Minimum Wage and Sick Pay Ordinance Placed On June Ballot

San Diego City Council members voted on February 8 to place a sick pay and minimum wage ordinance on the June 7 ballot. If approved by voters, the ordinance would require an immediate local minimum wage rate increase...more

2/18/2016 - Ballot Measures City Councils Corporate Counsel Local Ordinance Minimum Wage Paid Leave San Diego Sick Leave

A New Year’s Resolution for California Employers: Fair Pay Act Compliance

California employers are preparing for the effects the Fair Pay Act—the new law signed by Governor Brown last October that significantly changes California’s gender equality pay law. Senate Bill 358 (SB 358), which went into...more

1/5/2016 - Equal Pay Fair Pay Act Gender-Based Pay Discrimination Governor Brown Wage and Hour

For California Employers, New Year Brings New Restrictions—Along With a Few Silver Linings

In 2015, the California legislature undoubtedly took aim at employers with piecemeal legislation covering everything from cheerleaders (who are now employees by statute) to gender-based pay differentials—the latter with what...more

12/15/2015 - California Family Rights Act (CFRA) DLSE E-Verify Fair Pay Act FEHA FLSA Gender-Based Pay Discrimination Healthy Workplaces Healthy Families Act 2014 Minimum Wage On-Duty Meal Period Waivers PAGA Piece-Rate Pay

Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation,...more

12/2/2015 - Commercial Truck Drivers Commuter Tax Benefits Franchisee Independent Contractors Minimum Wage

Filing of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court

It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against...more

11/13/2015 - Labor Code Protected Concerted Activity Retaliation Whistleblower Protection Policies Wrongful Termination

California Court Deems Truck Drivers Employees, Not Independent Contractors

Companies that classify workers as independent contractors are facing increasing scrutiny in court and before administrative agencies. A recent unpublished California Court of Appeal decision in a case titled Garcia v. Seacon...more

10/30/2015 - Commercial Truck Drivers Employer Liability Issues Independent Contractors Labor Code Labor Commissioners Misclassification Trucking Industry

California Governor Signs Gender Wage Equality Law

The California Fair Pay Act (FPA), a state law that codifies the principle that an employee is entitled to equal pay for equal work without regard to gender, has been amended with the passage of Senate Bill 358 (SB 358),...more

10/8/2015 - Best Practices Equal Pay Equal Pay Act Fair Pay Act Wage and Hour

California Minimum Wage Bill Stalls in Legislature

A controversial bill to increase California’s minimum wage has failed to pass in the state legislature. The bill would have phased in a $3.00 per hour increase to the minimum wage rate and also would have imposed annual cost...more

9/1/2015 - Minimum Wage Proposed Legislation Wage and Hour

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

8/24/2015 - California Family Rights Act (CFRA) Disability FEHA FMLA Hiring & Firing Leave of Absence Performance Reviews Reasonable Accommodation Supervisors Sutter Health Work-Induced Stress

California Amends FEHA, Protecting Accommodation Requests

On July 16, 2015, California’s Governor Jerry Brown signed a bill amending the California Fair Employment and Housing Act (FEHA), adding protections for workers who request accommodations for disabilities or religious...more

8/19/2015 - Amended Regulation Best Management Practices Disability Employer Liability Issues FEHA Jerry Brown Protected Activity Reasonable Accommodation Religious Accommodation Retaliation

California Governor Signs Paid Sick Leave Amendment—Effective Immediately

California Governor Brown signed legislation on July 13, 2015 that aims to clarify and improve California’s new paid sick leave law that requires employers to offer employees 3 days or 24 hours of paid sick leave per year as...more

7/15/2015 - Amended Legislation Employee Rights Employment Policies Healthy Workplaces Healthy Families Act 2014 Jerry Brown Sick Leave

Tips for Lawfully Hiring Teenagers for Summer Jobs

Summer is almost here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies that hire teenagers should be aware that state and federal law restricts the employment of minors or “child labor.”...more

6/9/2015 - Child Labor Education Code Hiring & Firing Minors School Districts Wage and Hour Work Permits

California Legislature To Cure Sick Pay

Mere weeks before sick pay becomes mandatory in California, the state legislature is racing to cure what is ailing employers. Beginning on July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will...more

6/5/2015 - Accrual Requirements Healthy Families Act Healthy Workplace Act PTO Sick Leave Sick Pay

Ten Tips To Comply With California’s Upcoming Sick Pay Mandate

Mandatory sick pay is coming to California in less than 60 days. Beginning July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to nearly every...more

5/21/2015 - Anti-Retaliation Provisions Healthy Families Act Healthy Workplace Act Notice Requirements PTO Sick Pay

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

5/4/2015 - Age Discrimination Appeals Best Management Practices Discrimination Employer Liability Issues FEHA Hiring & Firing Involuntary Reduction in Force

California Labor Commissioner Revises Sick Pay Notice Obligation

As the July 1, 2015 deadline for employers to implement California’s new paid sick leave law approaches, employers are finding a number of ambiguities in the law that make it challenging to implement. The Office of the Labor...more

2/25/2015 - Healthy Workplace Act Paid Leave Paid Sick Leave Act Sick Leave Wages

New Year’s Resolutions for the California HR Manager

So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human...more

1/19/2015 - Arbitration Bring Your Own Device Bullying Class Action Arbitration Waivers Employer Liability Issues Human Resources Professionals Iskanian Reimbursements Sales Commissions Sick Leave Wage and Hour Workplace Bullying

California Supreme Court Denies Review of Cell Phone Reimbursement Case

The California Supreme Court has denied a petition to review Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014). As a result of the...more

12/3/2014 - Appeals Bring Your Own Device Cell Phones Corporate Counsel Employer Liability Issues Petitions for Review Popular Reimbursements

California Labor Agency Publishes Sick Pay Poster and Wage Notice

California’s Division of Labor Standards Enforcement (DLSE) has published a poster and wage notice for employers to use in compliance with AB 1522, California’s new mandatory sick pay law. On September 10, 2014,...more

12/3/2014 - DLSE Paid Leave Posting Requirements Sick Leave Wage and Hour

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