Legal updates
Smoking In The Workplace – Vaping & Other Change
Legislation passed earlier this year changes some of the rules relating to smoking in the workplace and expand already-existing smoke-free workplace protections. The changes were effective on June 9, 2016. Existing law prohibits employers from knowingly or...
read moreAssistive/support Animals In The Workplace May Be A Reasonable Accommodation
Effective April 1, 2016, the Fair Employment and Housing Act (FEHA) was amended to address numerous aspects of discrimination, harassment and other workplace issues. One issue that has become an recent “hot topic” is whether an employee is permitted to bring their...
read moreGender Equality Sought with New Fair Pay Act
Historical Gender Based Wage Differentials It has been reported that in 2014 a woman working full-time in California earned an average of $.84 to every dollar a man earned, and the national average is a wage gap of $.78 to the dollar. The wage gap is much worse for...
read moreRest and Recovery Periods
Last year, Labor Code Section 226.7 was amended to prohibit employers from requiring employees to work during a recovery period taken in accordance with heat illness regulations. This year, SB 1360 confirms that rest and recovery periods are paid breaks and count...
read moreWaiting Time Penalties
Under current law, an employer who pays less than the minimum wage is subject to a Labor Commissioner citation that includes a civil penalty, restitution and liquidated damages (Labor Code Section 1197.1). AB 1723 authorizes the Labor Commissioner to also recover...
read moreProtections for Unpaid Interns and Volunteers
The California Fair Employment and Housing Act (FEHA) has been amended by AB 1443 to: • Provide protections against harassment to unpaid interns and volunteers; • Provide protections against discrimination in an unpaid internship or in another limited duration ...
read moreEmployee Personal Cell Phone Expense Reimbursements Required
California Labor Code Section 2801 requires that employers must reimburse employees for certain expenses incurred in the course and scope of performing their job duties - this obligation includes the expenses associated with the employee's business related use of...
read moreCommission Agreements Must Be in Writing
As was discussed in prior our Newsletters, effective January 1, 2013, all commission agreements must be put in writing. The amendment to the Labor Code applies to all employers whether or not located within California, with employees located within the state....
read moreFalse Harassment Report Leads to Disciplinary Action
Californian court recently held that it was not retaliation when the employer took disciplinary action against an employee who filed a false report of harassment. (Joaquin v. City of Los Angeles) In this case, a police officer sued the City of Los Angeles, claiming...
read moreThe ADA Does Not Protect Medical Marijuana Use
Under California law, it has been well established that an employee who uses medical marijuana is not protected under the Fair Employment and Housing Act (FEHA). Because there is no legal protection for the use of medical marijuana at work, employees may not report to...
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