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Recently Passed and Pending Legislation to Watch

RECENTLY PASSED LEGISLATION DEFAMATION SUITS & SEXUAL HARASSMENT CLAIMS Governor Brown has recently signed Assembly Bill 2770 entitled Privileged Communications: communications by former employer: sexual harassment. AB 2770 (Irwin; D-Thousand Oaks). This bill takes effect January 1, 2019. As a consequence to the increase in sexual harassment claims, there has also been a rise in claims… Continue Reading


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Minimum Wage Increase Reminder

MINIMUM WAGE INCREASE REMINDER As a reminder to California employers, the next phase of the minimum wage increase, for many local jurisdictions, took effect on July 1, 2018. If your business or employees are located in certain local jurisdictions you must comply with the minimum wage for your city or county. Local Minimum Wage Ordinances  Many… Continue Reading


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Interns…To Be or Not to Be…Paid

INTERNS…TO BE OR NOT TO BE … PAID As the summer months approach, many students will begin looking for work and some will offer to work for free as an “unpaid” intern, to gain experience in their chosen field.  Employers beware as there are very few instances in which an “intern” need not be paid. If… Continue Reading


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The New “ABC’s” of Independent Contractor Status

THE NEW “ABC’S” OF INDEPENDENT CONTRACTOR STATUS As California employers are well aware, the issue of whether a worker is properly classified as an “employee” or an “independent contractor” has long been a concern.  Misclassification can lead to potential legal exposure for claims of minimum wage, overtime, missed meals and breaks and failure to provide… Continue Reading


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New E-Verify.gov Website Launched

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security… Continue Reading


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Immigrant Worker Protection Act Restricts Immigration Enforcement at Worksites

IMMIGRANT WORKER PROTECTION ACT RESTRICTS IMMIGRATION ENFORCEMENT AT WORKSITES In 2017, Governor Brown signed the Immigrant Worker Protection Act (IWPA) which took effect on January 1, 2018. IWPA was California’s response to the anticipated increase in federal immigration enforcement efforts under the Trump administration and was aimed at providing workers some protections from federal immigration… Continue Reading


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Marijuana and the Workplace What are the (New) Rules

The Adult Use Of Marijuana Act (Proposition 64) (the Act) provides that public and private employers are allowed to enact and enforce workplace policies pertaining to marijuana and are allowed to maintain a drug and alcohol-free workplace. Proposition 64 provides that marijuana use is prohibited in public places, places where smoking or vaping is prohibited,… Continue Reading


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Labor Commissioner Issues FAQs on Rest Breaks & Lactation Accommodation

The California Division of Labor Standards Enforcement (DLSE) (aka the Labor Commissioner) recently issued a Frequently Asked Questions (FAQ) memo regarding rest breaks and lactation accommodation. Click here for a link to the FAQs.    Rest Breaks: California employers must authorize and permit a net 10-minute paid rest period for every four hours worked (or… Continue Reading


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Transgender Rights In the Workplace Poster

In July, 2017, California’s Department of Fair Employment and Housing (DFEH) regulations were amended to expand protections for transgender rights in the workplace.  The additional protections included making it unlawful for an employer: to discriminate against an individual who is transitioning, has transitioned or is perceived to be transitioning, to impose any appearance, grooming or… Continue Reading