We know that many cities in California have their own minimum wages. And we also know that several of those cities had minimum wage increases in July 2024, including: Alameda, Berkeley, Emeryville, Fremont, Los Angeles...more
It happens all the time. A poor performing, or even blatant policy-violating former employee applies for unemployment. The immediate reflex by most employers is to contest it. Good idea? Well, it really depends. If the...more
A quick reminder for national Fast Food restaurants, the California minimum wage is going up to $20 per hour as of April 1, 2024. As we wrote in our Alert back in October 2023, AB 1228 created a Fast Food Council in...more
The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more
2/12/2024
/ Bereavement Leave ,
California ,
Employment Discrimination ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Independent Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Non-Compete Agreements ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more
Do you want to avoid workplace claims? One great place to start is with gratitude. In so many employment cases we see, the underlying issue is someone feeling under-appreciated. Employees who feel under valued will use...more
California voters will no longer decide the fate of the controversial Fast Food Accountability and Standards Recovery Act (FAST Act), which was expected to significantly affect fast-food restaurants in the state, including...more
Back in 2019, I posted about the difference between a Service Charge, an Automatic Gratuity, and a Gratuity/Tip. I explained that a service charge is typically a set amount added to a guest check in lieu of a tip. An...more
As my New York colleagues wrote , the New York Legislature just passed a bill that would prohibit non-competition agreements between employers and employees. If signed by Gov. Kathy Hochul, New York will become the fifth...more
On April 14, 2023, the California Civil Rights Division (“CRD”) updated its frequently asked questions page regarding SB 1162, which sets forth California’s new pay data reporting requirements. The revised April 14th guidance...more
As we blogged about late last year, Los Angeles will have a Fair Work Week Ordinance as of April 1, 2023.
This Ordinance only effects retail businesses with over 300 employees “globally” — but that tally includes those...more
The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more
1/20/2023
/ Age Discrimination ,
Anti-Harassment Policies ,
Bereavement Leave ,
California ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employment Discrimination ,
Fair Chance Act ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Lactation Accommodation ,
Minimum Wage ,
Over-Time ,
Paid Leave ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
Predictive scheduling laws require employers to post schedules ahead of time, and restrict the ability to make last minute changes. California doesn’t have any statewide predictive scheduling laws. Prior attempts to...more
The state’s minimum wage is going up on January 1, 2023 to $15.50 per hour for employers of all sizes. The state’s minimum wage was originally scheduled to remain at $15.00 in 2023 for employers of 26 or more employees, and...more
On Labor Day, with support from prominent unions, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which will significantly affect fast-food restaurants in the...more
9/14/2022
/ Fast-Food Industry ,
Food Service Workers ,
Franchisee ,
Franchises ,
Franchisors ,
Governor Newsom ,
Minimum Wage ,
Referendums ,
State Labor Laws ,
Wage and Hour ,
Wages ,
Workplace Safety
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
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
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
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
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