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
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
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
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
I have been speaking with many clients about the first steps for return-to-work planning. The Covid-19 shut-downs were so quick that there wasn’t sufficient time to plan. Employers want to have a more thoughtful approach to...more
A recent ruling confirmed that the time an employee spends waiting in line for a security check is considered “hours worked” in California and must be paid. The California Supreme Court ruling applies even though the...more
If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective...more
July may seem like a sleepy summer month, but don’t forget — for many cities in California it is the time for minimum wage increases. Your payroll company may notify you and take care of it, but if you handle payroll...more
Do you remember all of the hoopla back in 2016 when the Department of Labor published new overtime rules, and then at the last minute, after everyone did audits (and many reclassified), the rule was halted? ...more
What is considered “work time” that requires pay? Well, that definition keeps on getting broader for California employers.
Can you let individuals “volunteer” and provide comps/trade for their time? No....more
Every year in December I get the same wave of client calls. What can we do to prevent everyone from calling in sick during the holidays?
Why is this such a problem? It’s not just flu season or hangovers from too many...more
It is that time of year. We continue to wait for the Governor to sign or veto some controversial bills such as:-
The Stand Act (prohibiting confidentiality in harassment and sexual assault settlements); and...more
I was in court last week for a status conference in a wage-and-hour class action, and was talking to my opposing counsel, an active litigator in this arena. I asked him if the new California Supreme Court case rejecting the...more
Do you want to know the secret of achieving pay equity in the workplace (at least in the long term)? Well, it is really about the dads. Yes, that’s right. The more paid time off given to fathers, the more likely it is the a...more
To keep employers guessing, not only does the state minimum wage increase every year, but many cities do as well. Currently, California’s minimum wage is $11 per hour (or $10.50 for employers with up to 25 employees)....more
Spring is here! And for those of us in sunny Southern California that means it is music festival season. First up is Coachella and then Stagecoach, with more to follow until October. Days and nights filled with music, food,...more
In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In...more
Summer is the time for vacations, and with that comes the stress of balancing work pressures while out of the office. Many employees prefer not to take vacations when the alternative is trying to conduct work from a cell...more
Just because it’s logical doesn’t make it legal. And more often than not, what is logical in California is not necessarily legal.
Take the issue of “comp time.” Typically comp time is used to refer to an equitable idea,...more
Earlier this week, in Mendoza v. Nordstrom, the California Supreme Court clarified some ambiguous issues involving requirements under the California Labor Code involving when a “day of rest” must be provided to employees....more
I just returned from the Cornell HR in Hospitality Conference in Las Vegas with my partner Carolyn Richmond. I participated in the Executive Summit and shared ideas with some of the most innovative minds in the hospitality...more
With a very Democratic state legislature that is well positioned to offset a very Republican White House, the following are the top 10 trends I saw in my practice from 2016 that inform what California employers can expect in...more