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PAGA IS BROKEN – BALLOT INITIATIVE TO REFORM PAGA

THE FUTURE OF PAGA ON NOVEMBER BALLOT As has been the law for two decades, the Private Attorney Generals Act (PAGA) allows “aggrieved” employees to file a lawsuit on behalf of themselves and on behalf of other “aggrieved” employees (as their “representative”) and on...

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CALCULATING THE REGULAR RATE OF PAY FOR OVERTIME PAY

Paying overtime seems simple-hourly non-exempt employees are paid either 1.5x or 2x their rate of pay for overtime hours worked. However, in reality, calculating overtime is more complex as the overtime rate is not based on the “hourly rate of pay,” but instead must...

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MEAL BREAK & PAY PERIOD BEST PRACTICE REMINDERS

MEAL BREAK REQUIREMENTS MUST BE STRICTLY ENFORCED California law requires that employers “shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes.” Additionally, if...

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NEW WORKPLACE DISCRIMINATION & HARASSMENT POSTER

Civil Rights Department Updates Workplace Discrimination & Harassment Poster All California employers are required to display certain posters and information regarding the law on harassment, discrimination, and other workplace topics. The poster entitled “California...

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NON-COMPETES INVALID IN CALIFORNIA

NON-COMPETES INVALID IN CALIFORNIA For many years, California has long disfavored restrictive covenants in employment agreements; California’s Business and Professions Code Section 16600 invalidates virtually any contract that includes a “restraint on trade” stating:...

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NEW FORMS AND NEW PAID SICK LEAVE FAQ’S

UPDATED WAGE THEFT PROTECTION ACT NOTICE PUBLISHED Since 2011, California employers have been required to provide their employees with the Wage Theft Protection Act Notice, which provides specific information about the employees’ wages and paid sick leave...

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MORE NEW LAWS AND SOME REMINDERS FOR 2024

RETALIATION PRESUMED TO EXIST One of the many laws that Governor Newsom signed was Senate Bill 497 (SB 497), known as the “Equal Pay and Anti-Retaliation Protection Act.” This new law amends Labor Code Sections 98.6, 1102.5, and 1197.5. At Will Employment California...

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MORE NEW LAWS & REGULATIONS FOR 2024

Governor Newsom was presented with 1,046 bills to consider for the 2024 legislative session. By the October 14th deadline, 890 bills were signed and of those 80 new employment related bills were signed. Below is a brief summary of some of the new laws affecting the...

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CALIFORNIA INCREASED PAID SICK LEAVE

Well, this was inevitable....on October 4, 2023 Governor Newsom signed Senate Bill 616 (“SB 616”) into law amending California’s paid sick leave law (the Healthy Workplaces, Healthy Families Act of 2014) which changes include increasing the amount of leave that is...

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