Kelly Scott

Kelly Scott

Ervin Cohen & Jessup LLP

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2016 Recap: A Busy Year for Employment Law

In case you missed it, 2016 was a banner year for the California Legislature in enacting new employment laws. Here are the highlights...more

3/22/2017 - Domestic Violence Employer Liability Issues Employer Mandates Equal Pay Hiring & Firing Notice Requirements Restroom Legislation Salary History Wage and Hour Workplace Safety

New Law Requires Gender Neutral Restrooms

Existing law requires a businesses that serve the public or are open to the public and maintain toilet facilities to make those facilities available to the public free of charge. Existing law also states that publicly and...more

3/7/2017 - Gender Neutral Public Access Laws Restroom Legislation Transgender

The Top Ten Laws That Did Not Pass in 2016 (…But May Pass in 2017)

Each year hundreds of laws are introduced in California’s House of Representatives or Senate, only a fraction of which are ever signed into law. Many laws that are passed, such as last year’s Senate Bill 3 which will increase...more

2/22/2017 - Grocery Stores Labor Code PAGA Proposed Legislation Restaurant Industry Retailers Veterans Wage and Hour Workplace Safety

A Reminder: The IRS Requires Employers to Obtain Informed Consent to Email W-2s

Unless you reside in a cave (in which case you likely will not be reading this), you are aware that we are moving towards a paperless society. However, assumptions about providing documents electronically can be dangerous,...more

2/13/2017 - Electronically Stored Information IRS W-2

New Law Requires Written Notice to Employees on Hire (and Existing Employees upon Request) of Rights of Victims of Domestic...

California law already prohibits employers with 25 or more employees from discriminating or retaliating against employees who take time off work for specified purposes related domestic violence, sexual assault, or stalking....more

2/7/2017 - Anti-Discrimination Policies Anti-Retaliation Provisions Domestic Violence Hiring & Firing Notice Requirements

California Issues New Minimum Wage Poster

Employers should post California’s recently issued 2017 minimum wage poster. The new poster reflects that the state minimum wage for employers with 26 or more employees increases to $10.50 on January 1, 2017, and to $11.00 on...more

12/27/2016 - Local Ordinance Minimum Salary Minimum Wage Posting Requirements White-Collar Exemptions

New Law Bans the Box in Los Angeles

Effective January 22, 2017, the Los Angeles Fair Chance Initiative for Hiring will prohibit most employers in the City of Los Angeles from inquiring about a job applicant’s possible criminal history until an initial job offer...more

12/21/2016 - Ban the Box Criminal Background Checks Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants Local Ordinance

Time to Party?

So your company wants to throw a holiday party for its employees? Given the economy and recent events, they certainly could use the diversion. But holiday parties can also lead to serious problems, many of which relate to...more

12/16/2016 - Employer Liability Issues Holiday Parties Risk Management

Increased Exemption Salary Rule Blocked by Injunction

On Tuesday, a U.S. District Court judge in Texas issued a nationwide preliminary injunction delaying the U.S. Department of Labor rule that would have dramatically increased the minimum salary threshold to qualify as exempt...more

11/25/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour

New I-9 Form Promises to be Fun for Everyone

Just kidding. It may not be fun, but the new Form I-9 issued by the United States Citizenship and Immigration Services (USCIS) may be used immediately. Finalized on November 14, 2016, the new version of the Form is available...more

11/18/2016 - I-9 USCIS

New Law Expands California’s Heat Illness Regulations to Include Indoor Employees

Existing regulations establish heat illness prevention standards for outdoor workers. The regulations include requirements for providing sufficient drinking water at no charge to the employee, allowing for recovery or “cool...more

11/9/2016 - Drinking Water OSHA Proposed Regulation Workplace Hazards

Assembly Bill 1843 Prohibits Employers from Inquiring about Juvenile Convictions or Using Juvenile Proceedings In Employment

Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more

11/7/2016 - Criminal Background Checks Criminal Records Hiring & Firing Job Applicants Minors Pending Legislation

Senate Bill 1001 Amends the California Labor Code to Expand Protection from Unfair Immigration-Related Practices

Continuing a recent legislative trend, Senate Bill 1001 expands existing prohibitions regarding unfair immigration-related practices. Specifically, this bill amends the California Labor Code to provide a civil remedy for an...more

11/3/2016 - Labor Code Pending Legislation Reversible Error State Immigration Laws Unfair Labor Practices

New Laws Expand California’s Equal Pay Act to Include Race and Limit Use of Prior Salary

The Wage Equality Act of 2016 (Senate Bill 1063) expands California’s Equal Pay Act to target race and ethnicity-related wage differentials. This bill picks up where last year’s Equal Pay Act (which bolstered prohibitions on...more

11/2/2016 - Equal Pay Act Labor Code New Regulations Salary History Wage Equality Acts

EEOC Issues First Retaliation Guidance in Almost 20 Years

The Equal Employment Opportunity Commission (EEOC) recently issued its first enforcement guidance on employment-related retaliation in almost 20 years. The Final Guidance is in response to numerous court rulings on...more

10/19/2016 - Adverse Employment Action Discrimination EEOC Employer Liability Issues Enforcement Guidance Protected Activity Retaliation

Los Angeles Moves Toward Prohibiting Criminal Conviction Inquiry Prior to Job Offer

Consistent with a national trend, the Los Angeles City Council’s Economic Development Committee voted last week in favor of a new law prohibiting most employers from inquiring about a job applicant’s possible criminal history...more

10/14/2016 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants Local Ordinance

California Sick Leave Laws: A Summary

California Sick Leave Laws: A Summary - California’s paid sick leave law, known as the Healthy Workplaces/Healthy Families Act of 2014, became effective on July 1, 2015. Although subsequently clarified by amendment,...more

10/13/2016 - City of Los Angeles Local Ordinance Paid Leave Sick Leave Wage and Hour

San Francisco First U.S. City to Require Fully Paid Parental Leave

On January 1, 2017, the City of San Francisco’s paid parental leave ordinance becomes effective for employers with 50 or more employees. These employers will be required to pay the difference between a new parent’s weekly...more

9/22/2016 - Local Ordinance Paid Family Leave Law Parental Leave Wage and Hour

New Law Combats Wage Theft by Granting Local Governments Subpoena Power

In response to the increasing number of cities and counties that have enacted minimum wage ordinances setting wage rates at levels higher than state and federal requirements, last year Assembly Bill 970 was added to the Labor...more

9/16/2016 - Discrimination Enforcement Authority Labor Commissioners Local Ordinance New Regulations Wage Theft

AB 2535 Expands Exceptions to Tracking Hours Requirements on Itemized Wage Statements

Prompted, in part, by a 2015 federal court decision which held that employers must state the total hours worked by outside sales persons, Assembly Bill 2535 amends Labor Code section 226 to further clarify the categories of...more

8/29/2016 - Labor Code Pending Legislation Salespersons Wage and Hour Wage Statements

Safe Harbor for Violations of Disability Access Under the Unruh Act

Senate Bill 269 provides a “safe harbor” period for some businesses to correct certain violations related to construction-related disability access under the Unruh Act. The bill reduces fines for certain technical...more

8/25/2016 - CASp Construction Industry Pending Legislation Safe Harbors Unruh Civil Rights Act

New Law May Reduce Amount Subject to Wage Garnishment

In case you missed it, Senate Bill 501, a law which became effective on July 1, 2016, may reduce the prohibited amount of weekly disposable earnings that may be garnished depending on where the employee...more

8/24/2016 - Judgment Debtors Minimum Wage Wage Garnishment Wages

New Law Establishes Online Unemployment Insurance and Electronic Reporting Requirements

Beginning January 1, 2017, Assembly Bill 1245 requires that employers with 10 or more employees must file all unemployment insurance reports and returns using the e-file system. Also, these employers must remit contributions...more

8/19/2016 - E-Filing EFTs Pending Reporting Requirements Unemployment Compensation System

Senate Bill 667 Extends Claim Period Under State Disability Insurance Program

Effective July 1, 2016, Senate Bill 667 extends from 2 weeks to 60 days the period of time that an employee can reopen a disability insurance claim without having a new 7 day consecutive day waiting period of wage loss. This...more

8/16/2016 - Disability Insurance Time Extensions Waiting Periods

New Workplace Smoking Prohibitions Include E-Cigarettes

So you think vaping is the key to reducing workplace stress? Think again. Senate Bill 5 expands no smoking prohibitions to include e-cigarettes (vaping) and expands the definition of “tobacco products” to include all forms...more

8/11/2016 - E-Cigarettes New Legislation Smokers Tobacco Regulations Working Conditions

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