Kelly Scott

Kelly Scott

Ervin Cohen & Jessup LLP

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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

EEOC Issues Guidance Regarding Leave as an Accommodation Under the ADA

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a guidance to employers regarding an employer’s obligation under the Americans with Disabilities Act (ADA) to provide unpaid leave or extend a paid leave...more

8/2/2016 - ADA EEOC New Guidance Reasonable Accommodation Undue Hardship Unpaid Leave

Private Attorney General Act Amendment Permits More Government Oversight of Claims

Buried in an appropriations bill designed to address no fewer than 42 separate issues is a small, but important item for California employers. In response to requests for legislative restrictions on the Private Attorneys...more

7/29/2016 - Amended Legislation Employer Liability Issues Frivolous Lawsuits Governor Brown Labor & Workforce Development Agency (LWDA) PAGA Wage and Hour

Employers Must Remember to Raise Minimum Wage in Los Angeles County

Like the City of Los Angeles, Los Angeles County raised the minimum wage for employers with 26 or more employees to $10.50 starting July 1, 2016. The rule will apply to all workers who work at least 2 hours in the...more

7/5/2016 - Board of Supervisors City of Los Angeles Local Ordinance Minimum Wage Posting Requirements Wage and Hour

New Minimum Wage For Pasadena Starting July 1, 2016

In a move which matches its counterparts in Los Angeles and Santa Monica, the City of Pasadena is set to increase its minimum wage for employers with 26 or more employees to $10.50 on July 1, 2016, while smaller employers...more

6/28/2016 - Consumer Price Index Local Ordinance Minimum Wage New Legislation Wage and Hour

Los Angeles and Santa Monica Require Enhanced Sick Leave Benefits

Not satisfied with California’s Healthy Workplaces, Healthy Families Act of 2014 which provided paid sick leave to California workers starting in July of 2015, Santa Monica and Los Angeles joined a growing number of cities...more

6/22/2016 - City Councils City of Los Angeles Local Ordinance New Legislation Paid Leave Sick Leave Wage and Hour

A Reminder: Increased Minimum Wages for Santa Monica and Los Angeles

An increase in temperatures will not be the only increase employers will see this July: employers in the City of Los Angeles and in the City of Santa Monica are reminded that minimum wages will increase starting on July 1,...more

6/21/2016 - City of Los Angeles Consumer Price Index Hotels Local Ordinance Minimum Wage New Legislation Non-Profits Wage and Hour

Employment Law Reporter - June 2016: New Higher “White Collar” Exemption Salary Thresholds Take Effect on December 1st

Effective December 1, 2016, the minimum salary threshold to qualify as exempt from overtime under the executive, administrative, and professional exemption of the Fair Labor Standards Act (“FLSA”), often referred to as the...more

6/16/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

President Obama Signs Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 into law, culminating a three year, bipartisan effort to create a federal trade secret law that can be used by private parties in civil litigation....more

5/12/2016 - Asset Seizure Barack Obama Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets UTSA Whistleblower Protection Policies

New Law Expands California’s Paid Family Leave and State Disability Insurance

Approximately 15 years ago California became the first state to provide paid time off to workers to care for a new child or ailing family member. The law, which is funded by required worker contributions, provides for up to...more

4/13/2016 - Disability Benefits Disability Insurance Governor Brown New Legislation Paid Family Leave Law Paid Leave Parental Leave Wage and Hour

Governor Brown Signs New Minimum Wage Increase Into Law

On April 4, 2016, Governor Brown signed Senate Bill 3, a bill which will gradually increase minimum wages in California in a manner that is very similar to the Los Angeles ordinance, except that the state increases will not...more

4/6/2016 - Consumer Price Index Governor Brown Healthy Workplaces Healthy Families Act 2014 Minimum Wage New Legislation Paid Leave Sick Leave Wage and Hour

Employment Law Reporter - March 2016

On April 1st, new regulations adopted under the Fair Employment and Housing Act (FEHA) take effect that require California employers of at least 5 individuals to develop written discrimination, harassment, and retaliation...more

3/29/2016 - Anti-Discrimination Policies Anti-Harassment Policies Anti-Retaliation Provisions Complaint Procedures Employer Liability Issues FEHA New Regulations Personal Liability Policies and Procedures Sexual Harassment Training Requirements

Don’t Put Away Those Party Supplies Just Yet: The New IRS Mileage Rates Are Here!

For the first time in human history, or at least a very long time, the mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes have declined....more

1/11/2016 - Business Travel IRS Mileage Reimbursement Popular Standard Mileage Rates Tax Deductions

New California Family Rights Regulations Align With Existing Federal Law

As we start a new year, employers should check all of their employment practices to make sure they are compliant with current laws and regulations. One of the many changes made in 2016 were comprehensive amendments made by...more

1/5/2016 - California Family Rights Act (CFRA) FMLA Joint Employers New Regulations Paid Leave Unpaid Leave Wage and Hour

Wage Garnishment Rules Will Change in 2016

Senate Bill 501 changes the amount of an employee’s weekly earnings that would be exempt from a wage garnishment order in California. Currently the amount subject to garnishment cannot exceed the lesser of 25% of the...more

12/30/2015 - Minimum Wage New Legislation Wage and Hour Wage Garnishment

New Law Extends Retaliation Protections to Family Members

Assembly Bill 1509 amends sections 98.6, 1102.5, and 6310 of the California Labor Code by extending certain retaliatory protections afforded to employees to their family members who work for the same employer. Under existing...more

12/28/2015 - Anti-Retaliation Provisions Employer Liability Issues Labor Code

New Law Gives Labor Commissioner Authority to Enforce Local Overtime and Minimum Wage Laws

By amending sections 558, 1197, and 1197.1 of the California Labor Code, Assembly Bill 970 authorizes the Labor Commissioner to investigate and, at the request of local government, enforce local laws regarding overtime hours...more

12/23/2015 - Enforcement Authority Labor Code Labor Commissioners Wage and Hour

AB 622 Restricts the Use of E-Verify

Assembly Bill 622, which takes effect on January 1, 2016, adds section 2814 to the California Labor Code. Section 2814 prohibits employers from using E-Verify to check the employment authorization status of an existing...more

12/22/2015 - Civil Monetary Penalty DHS E-Verify Employment Authorization Documents (EAD) New Legislation Social Security Administration (SSA)

Employment Law Reporter – December 2015/January 2016

New Laws for 2016 - Thousands of laws are introduced each year at the state and federal level. While only a fraction of these become law, tracking the most important laws can be a daunting task. But never fear, we have...more

12/17/2015 - Anti-Retaliation Provisions DLSE E-Verify Fair Pay Act Healthy Workplaces Healthy Families Act 2014 PAGA Piece-Rate Pay Reasonable Accommodation Sick Leave Wage Garnishment Wage Theft

Private Attorneys General Act Amended to Reduce Litigation

Effective upon signing, Assembly Bill 1506 amends the Private Attorneys General Act of 2004, commonly known as “PAGA”, in a manner that should benefit employers and employees alike and reduce lengthy litigation. Among other...more

12/16/2015 - Amended Legislation PAGA Wage and Hour Wage Statements

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