While many now refer to the COVID-19 pandemic as a thing of the past, it is anything but gone. At the time this post was drafted, positive COVID cases in California are averaging 20,000 per day, face masks are still...more
California employers now face derivative liability for failing to list premium payments for meal periods or rest breaks on their wage statements, as well as for failing to pay all premiums timely upon separation.
...more
Getting ready to return to the office in California and need a refresher on what makes California law “special”?
Have plans to open an office/location somewhere in California and want to understand what laws apply and how...more
3/14/2022
/ Anti-Harassment Policies ,
Ban the Box ,
California ,
California Family Rights Act (CFRA) ,
Discrimination ,
Fair Pay Act ,
Over-Time ,
Paid Family Leave Law ,
Pregnancy ,
Reasonable Accommodation ,
Reimbursements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
The short answer to the big question of whether an employer can require employees to get vaccinated is: Yes. But that is only the beginning of the analysis.
The U.S. Equal Employment Opportunity Commission (EEOC) issued...more
On December 16, 2020, the U.S. Equal Employer Opportunity Commission (EEOC) issued a much-anticipated guidance to employers considering mandatory vaccinations for COVID-19. While it will be months before vaccines are...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Good Faith ,
Reasonable Accommodation ,
Religious Exemption ,
Required Documentation ,
Title VII ,
Vaccinations ,
Wage and Hour
As this pandemic began to take hold in the U.S., I was the one arguing “there is no way they will shut down all of California, it just isn’t practical!” Nearly four months later, I stand corrected (with a mightily bruised...more
It shouldn’t surprise anyone that a massive component of California’s economy is and has been agriculture and food service, including farming, canning, processing, and of course, restaurants. Given the size and scope of...more
The current crisis caused by COVID-19 will leave its mark on history in many ways, not the least of which will be an economy turned on its head. Since the pandemic established its foothold in the U.S., there have been nearly...more
On Sept. 18, Gov. Gavin Newsom signed AB-5 into law, drastically altering how millions of Californians are paid and vastly complicating the legal analysis involved in deciding whether workers are properly classified as...more
The gift that keeps on giving, the California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court is getting a fresh look to determine whether it applies retroactively. For the uninitiated, the Dynamex...more
The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court continues to change the legal landscape. On May 2, 2019, the 9th Circuit Court of Appeal revived a decade old lawsuit, Vazquez v....more
A recent California Supreme Court opinion highlights how employers following federal law can run afoul of California wage and hour requirements.
The issue in Alvarado v. Dart Container Corporation of California involves...more
Calculating the correct overtime pay rate in California has long been a complicated process. The basic overtime rate is defined as one and a half times an employee’s “regular rate” of pay. This purportedly “regular” figure...more