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California Revives COVID-19 Supplemental Paid Sick Leave

On February 9, 2022, Governor Newsom signed Senate Bill 114 resurrecting California COVID-19 Supplemental Paid Sick Leave for 2022 (SPSL 2022). As an employer you might think: “No problem, I already did this in 2021.” But not...more

President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees

Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor,...more

California Supreme Court Holds That Meal and Rest Break Premiums Must Include Commissions, Bonuses and Other Non-Discretionary Pay

Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more...more

The American Rescue Plan Act: How the New Legislation Affects Employers

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on...more

Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more

President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty

On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda1–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in...more

A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic

As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? The Centers for Disease Control (CDC), Occupational Health and Safety Administration (OSHA), and...more

The NLRB Just Made It Harder To Lasso Franchisors And Affiliated Businesses For The Alleged Sins Of Their Compatriots

In 2015, the NLRB adopted a more relaxed standard for determining when an entity could be considered a joint employer and thus liable for alleged workplace wrongs along with a direct employer. Of course the result of the...more

The DOL Starts 2020 With a Bevy of Opinion Letters

Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year. Two deal with issues under the FLSA and a third addresses issues under the FMLA....more

Subcontractor Wages: Closing the Loopholes

This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more

To Disclose or Not to Disclose, That Will Be the Question

Whether it be a Hollywood mogul, a renowned politician or a formerly respected executive, it is clear from the Me Too and Time’s Up movements that the voices seeking and stands taken to uncover and prevent sexual harassment...more

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

First Paid Sick Leave and Now you're Telling Me Some Employees May No Longer Be Exempt from Overtime

A series of changes and new rules at the state and federal level over the last few months have compelled employers to re-evaluate and update their policies and practices. One of the latest changes, which takes effect on...more

New Federal Overtime Exemption Rule Will Become Effective December 1, 2016

The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become...more

California Court of Appeal Finds that Employers are Required to Reasonably Accommodate Even Non-disabled Employees

On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more

California’s Fair Pay Act – New Law or Rebranding Existing Law?

Beginning January 1, 2016 California will indeed have a revised Labor Code Provision 1197.5 that could open the door to more litigation of claims based upon gender differentials in pay. The statute has a laudable goal:...more

Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching...

Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)...more

The Clock is Ticking for California Employers to Comply with New Paid Sick Leave Requirements that Take Effect July 1, 2015

While the posting requirements for California’s new paid sick leave law under the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) took effect on January 1, 2015, the next step in the process – accrual of paid sick...more

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