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
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
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
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
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
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
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
Assembly Bill 304 was enacted on an emergency basis shortly after California’s paid sick leave law, known as the Healthy Workplaces, Healthy Families Act of 2014, became effective on July 1, 2015. There were good reasons for...more
Effective January 1, 2016, Assembly Bill 1513 establishes Labor Code Section 226.2, which requires that employers paying piece-rate compensation must pay employees for rest and recovery periods and other nonproductive time...more
Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more
It was little commented upon as it worked its way through the legislature, being just one of thousands of laws proposed each year, but make no mistake about it—Senate Bill 358, The Fair Pay Act, is an important new law for...more
The Department of Industrial Relations recently announced an increase in the minimum hourly wage required for certain computer software workers who are exempt from overtime under California Labor Code section 515.5....more
Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more
9/4/2015
/ Administrative Interpretation ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Franchisee ,
Independent Contractors ,
Joint Employers ,
Lyft ,
NLRB ,
Right to Control ,
Sharing Economy ,
Staffing Agencies ,
Uber ,
Wage and Hour
Global warming, a decaying infrastructure, budget problems, pollution, endangered species; these are all serious problems. In a world full of serious problems, lesser tragedies frequently go unnoticed. Like the plight of the...more
Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last...more
New Laws for 2015 -
With hundreds of laws being proposed in the California Legislature each year, it is hardly a surprise that more than a few are signed into law. For employers, staying abreast of these new laws is a...more
In order to comply with employment notice requirements under state and federal law, employers must be sure that all notices and posters they display for their employees are current and that they post any newly required...more
Any California employer that has been in hiding the last six months or more may not be aware that California’s minimum wage increases to $9 per hour from the existing minimum wage of $8 per hour on July 1, 2014. In addition...more
An employer realizes that too many employees have reported for work on what is obviously going to be a slow day for business. Just send home the extra employees, right? Yes, but not without considering the...more
One of the laws that was passed in California in 2013 that did not receive much media attention was Assembly Bill 1386. AB 1386 amended Labor Code section 98.2 to give the Labor Commissioner additional means to collect wages...more
In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more
Poor customer service, reduced productivity, low morale; these are some of the problems commonly associated with understaffing. But one of the worst problems frequently goes unnoticed by employers until it is too late to...more
A group of former employees of a popular vitamin and nutritional supplement store filed a lawsuit against their employer for allegedly failing to pay them for overtime hours. The suit was originally filed in July of 2011...more
A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more