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PAGA: Early Evaluation Conference

This is the final of a three-part series addressing the changes to California’s Private Attorneys General Act. In this part we discuss the Early Evaluation Conference....more

PAGA: It’s Audit Time

Earlier this month, Governor Gavin Newsom signed Senate Bill 92 and Assembly Bill 2288 which amended the California Private Attorneys General Act (PAGA). The new legislation is effective immediately....more

Hot Out of the Oven: Fast Food Council to Be Reinstated

Download PDF Last year the California Legislature enacted Assembly Bill 257, with a declared purpose of improving the terms and conditions of employment of fast food workers who, according to the bill, “are the largest and...more

California to Invalidate Out of State Non-Compete Agreements

A new California law (Senate Bill 699) expands a prohibition on non-compete agreements beyond state lines. Current law (Business and Professions Code Section 16600), provides that every contract that restrains anyone...more

California Courts Weighing In re Employees and COVID-19

California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more

New COVID-19 Prevention Regulations Are Now in Effect: The End of Exclusion Pay

Download PDF On December 15, 2022, the California Occupational Safety and Health Standards Board voted to adopt non-emergency COVID-19 prevention regulations (“New Regulations.”) The New Regulations, which went into effect...more

Employer Cost Increases: Los Angeles Minimum Wage, Federal Mileage Rate

The City of Los Angeles announced its new minimum wage which rises to $16.78 per hour (an increase of $0.74 from the current minimum wage of $16.04), on July 1, 2023. The increase is based on the Consumer Price Index for...more

Labor Commissioner’s Office Publishes Guidance Re Transparency Act and Disclosure of Pay Scales

As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more

Cadena v. Customer Connexx: Time Spent Clocking-In Is Compensable

The Ninth Circuit Court of Appeal held that time spent logging in to start employees’ shifts should be compensable....more

Camp v. Home Depot-Employer Rounding Policies Under Scrutiny

The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more

New Legislation Affecting California Employers – Part 3

The California Legislature enacted numerous new bills – some (like those regarding COVID-19) are in effect now. Others require employer compliance as of January 1, 2023. This is the third part in a series of posts regarding...more

New Legislation Affecting California Employers – Part 2

Following the summer recess, the California Legislature enacted numerous state Senate and Assembly bills taking effect immediately, or in 2023. Here are some with a direct impact on California employers. (Info re other new...more

New Legislation Affecting California Employers

For the California Legislature, the summer recess is over, which means a host of new state Assembly and Senate bills for 2023....more

No break from penalties – CA Supreme Court holds unpaid premiums give rise to waiting time penalties

The California Supreme Court published its decision in Gustavo Naranjo et al., v. Spectrum Security Services holding that employers who fail to pay for meal or rest break premiums, may also be responsible for waiting time and...more

Cal/OSHA’s Revised COVID-19 Standards Up for Approval

On April 21, 2022, the California Occupation Safety and Health Standards Board (Cal/OSHA) voted to re-adopt a revised version of the COVID-19 Emergency Temporary Standards (“ETS”).  Once approved the revised ETS will go into...more

New Los Angeles Minimum Wage

Starting July 1, 2022, all employees covered by the Los Angeles’ Minimum Wage Ordinance will get a raise, earning at least $16.04 per hour. (The current applicable minimum wage for all covered employees is $15.00/hour.)...more

Revised Cal/OSHA COVID-19 Regulations in Effect January 14, 2022

On December 16, 2021, California’s Division of Occupational Safety & Health (Cal/OSHA) approved revised and more restrictive COVID-19 Emergency Temporary Standards (ETS). The revised standards will go into effect January 14,...more

OSHA Vaccination & Testing Mandate for Larger Employers

On November 4, 2021, the federal Occupational Safety & Health Administration (“OSHA”) published the Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure workers are fully vaccinated or...more

Revised COVID-19 Regulations Take Immediate Effect

After a period of uncertainty and public backlash, the California Division of Occupational Safety and Health’s (Cal/OSHA’s) Board finally adopted revisions to the COVID-19 regulations on June 17, 2021....more

Cal/OSHA Expected to Adopt Revised COVID-19 Workplace Regulations

In November 2020, the California Division of Occupational Safety and Health (Cal/OSHA) issued COVID-19 regulations that required employers to follow certain procedures and safety precautions to protect employees from COVID-19...more

Traveling California with PAGA

If you are an employer in California, you are probably familiar with the various employment peculiarities in the state, such as the five-hour meal rule, four-hour (or major fraction) rest rule, piece rate rules, wage...more

Prescription for Disaster: Wrongful Termination Post Medical Leave

Occasionally, we come across cases that clearly describe what employers should NOT do in the workplace – cases bound to cost a company big bucks because of bad decision-making or horrible policies. One recent example of such...more

California Employers, a Well-Rounded Time-Keeping Policy is No Longer Good Policy

Once in a while, the California Supreme Court makes a ruling which declares unlawful an employment practice previously perceived as lawful. Today, the California Supreme Court in Donohue v. AMN Services, LLC held that...more

How Did I Not See This Coming? Retroactive Application of Dynamex

On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders....more

Top Employer Questions as We Round the Curve to the New Year

Welcome to the holiday season! Usually, this is the time we advise employers about holiday celebrations, provide warnings about serving alcohol during company parties, and field questions regarding employee time off requests....more

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