How does a California employer prove in litigation that it actually provides rest breaks? How much evidence is enough? Well, after litigating this issue what seems to be hundreds of times, here is the best four step advice I...more
Many times managers address issues with employees, but they forget to “tie it with a bow.”
Deficient documentation can take many forms. Perhaps the manager has a discussion with an employee, but doesn’t send a...more
Effective July 1, 2022, all on-premise alcoholic beverage servers and their managers must take Responsible Beverage Training (“RBS Training”). This ABC approved training must be completed by August 31, 2022, or within 60...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
In the past when my non-union clients asked about the NLRB or union activity issues I told them there are bigger issues to worry about. I have often said that most lawsuits I see involve either wage-and-hour violations, or...more
I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument on the pending Viking River Cruises case was fascinating. If you...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 sharks are starting to circle around PAGA (Private Attorney General Ac), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally be subject to challenge on two separate...more
The close of the 2021 California legislative session brings forth a series of new wage and hour laws that impact employers and take effect on January 1, 2022.
Assembly Bill (AB) 286 addresses food delivery, including...more
10/29/2021
/ Delivery Drivers ,
Disability ,
Distribution Centers ,
Janitorial Services ,
Labor Commissioners ,
Liens ,
Manufacturers ,
Pricing ,
Private Attorneys General Act (PAGA) ,
Quotas ,
Rest and Meal Break ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Warehouses
Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022).
The law...more
In plain English, PAGA allows a Court to award a penalty for each pay period that includes a wage-and-hour violation. It does not include the damages for the underlying violation, just the discretionary penalty, which starts...more
A recent 9th Circuit ruling has cast doubt on employers’ ability to implement mandatory arbitration agreements for workers, and whether (and to what extent) there will be civil and criminal penalties for doing so. Until the...more
Think back pre-Covid, the end of 2019, a law was set to take effect in California that banned mandatory arbitration, and imposed criminal penalties on employers for mandating arbitration. This law (AB51) also prohibited the...more
As more and more employers are considering mandatory vaccination policies (especially post FDA approval), let’s not forget the importance of engaging in the interactive process with those workers who have a bona fide medical...more
During the pandemic when workplaces were closed and employees had to work from home due to Covid-19 restrictions, employers were required to either provide the equipment needed to work from home (such as internet access and a...more
Getting ready to reopen 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 they differ...more
5/13/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
California ,
California Family Rights Act (CFRA) ,
Class Action ,
COBRA ,
Coronavirus/COVID-19 ,
Discrimination ,
Drug Testing ,
Employee Training ,
FEHA ,
Independent Contractors ,
Minimum Wage ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Data ,
Pregnancy Disability Leave Law ,
Reporting Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Telecommuting ,
Wage and Hour ,
Wage Statements ,
Wage Theft ,
Workplace Safety
In the words of a mediator in a recent case, “at least you get a discount for not being an @ssh%le.”
Yes, many employers actually try to, and even succeed in doing the right thing. But doing the right thing, and proving...more
Another blog about sexual harassment – why? Because it still happens all of the time, that’s why!! I wish it didn’t, but it does.
As recent news events with a certain high profile political figure highlight, there are...more
Back in March 2020, many cities and counties (including Los Angeles) started passing ordinances to provide 80 Hours of Supplemental Sick Leave to employees not covered by the FFCRA (Families First Coronavirus Response Act). ...more
Effective November 9th, Los Angeles businesses may refuse service to any patron not wearing a mask.
Specifically, the new Ordinance states “any business owner or operator in the City of Los Angeles is authorized to refuse...more
It may be the season for a pumpkin latte and too much candy, or finally breaking out those soft sweaters and fuzzy slippers as the weather starts to chill (even in Los Angeles). But it is also the season for new lawsuits. In...more
With so much going on for employers in 2020, let us not forget the #MeToo movement and related changes in California’s laws requiring sexual harassment prevention training. All employers with more than five employees...more
As you may have heard, the federal Department of Labor has issued new Certification of Health Care Provider forms for an employee’s own serious health condition (WH-380-E) and to care for a family member (WH-380-F).
These...more
What is a “furlough” when applied to a private business with a non-union workforce in California? In my view, it is a temporary layoff (or required unpaid leave due to lack of work) with full expectations to return to work. ...more
Are you tired of Covid checklists yet? Well you may be, but California recently issued an Employer Playbook for a Safe Reopening that is actually quite good.
It includes a concise summary of what to do when there is Covid...more