This is the second of a three-part series addressing the changes in California’s Private Attorneys General Act.
Below, we discuss an employer’s opportunity to cure alleged PAGA violations...more
Earlier this month, Governor Gavin Newsom signed Senate Bill 92 and Assembly Bill 2288 which amended the California Private Attorneys General Act (PAGA). The new legislation is effective immediately....more
On January 9, 2024, the Wage and Hour Division of the United States Department of Labor announced a new rule pertaining to classifying a worker as either an employee or independent contractor under the Fair Labor Standards...more
As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more
1/4/2023
/ Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Code ,
Labor Commissioners ,
Labor Reform ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Rates ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
Following the summer recess, the California Legislature enacted numerous state Senate and Assembly bills taking effect immediately, or in 2023. Here are some with a direct impact on California employers. (Info re other new...more
Given the current state of inflation, minimum wage increases in many California municipalities will be going into effect as of July 1, 2022....more
Litigating wage and hour claims can be frustrating. Not only do employers have to incur legal expenses, they also have to sometimes defend inflated and inaccurate claims....more
The California Legislature just approved Senate Bill 95 which, once signed by Governor Gavin Newsom, will dramatically expand COVID-19 supplemental paid-sick leave....more
On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders....more
Governor Gavin Newsom recently approved a significant supplemental paid sick leave law which became effective September 19, 2020.
The law, codified as Labor Code Section 248.1, requires certain larger employers to provide...more
9/22/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Food Service Workers ,
Governor Newsom ,
Infectious Diseases ,
New Legislation ,
Paid Sick Leave ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Workplace Safety
On January 1, 2020, the State of California increased the minimum wage to $13 per hour for employers with 26 or more employees and to $12 per hour for employers with 25 or fewer employees....more
1. Can I ask employees to leave the workplace and stay home if I suspect they have COVID-19?
If an employee is exhibiting symptoms related to COVID-19 (i.e., cough, shortness of breath, fever) you may ask the employee to...more
With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more
3/10/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in which persons of different sex, race, and ethnicity earn different...more
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions concerning how (or if) the test should...more
5/29/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 30, 2018, the California Supreme Court handed down a ruling that may significantly impact the decision on classifying workers as “employees” or “independent contractors.” ...more
There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more
12/21/2016
/ Affordable Care Act ,
Agricultural Workers ,
Arbitration ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Restrooms ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
Form 1094 ,
Form 1095 ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Janitorial Services ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Payroll Records ,
Popular ,
Private Schools ,
Required Forms ,
Sick Leave ,
Teachers ,
Wage and Hour ,
Wage Statements ,
Wages ,
White-Collar Exemptions
Tis the season for new laws in California and not all of it brings good tidings and cheer for employers.
Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more
9/21/2016
/ Agricultural Workers ,
Corporate Counsel ,
DLSE ,
Domestic Violence ,
Domestic Workers ,
Educational Institutions ,
Hiring & Firing ,
Labor Code ,
New Legislation ,
Notice Requirements ,
Over-Time ,
Private Schools ,
Retaliation ,
Sexual Assault ,
Stalking ,
Teachers ,
Wage and Hour ,
Working Conditions ,
Written Notice
Recently, the California Labor Commissioner cited a residential care provider for multiple wage theft violations, including for failure to pay minimum wage and overtime.
As a result of the Labor Commissioner’s...more