Legal updates
Use of Juvenile Records in Employment Decisions Prohibited
The California Labor Code has been amended to prohibit employers from considering certain juvenile records for employment purposes. Currently, the Labor Code makes it unlawful for an employer to consider information concerning: an arrest or detention that did not...
read moreFair Pay Act Expanded Protections Based On Prior Salary & Race/Ethnicity
Governor Brown signed into law two companion bills: AB 1676 and SB 1063. AB 1676 amends last year’s Fair Pay Act, to prohibit employers from considering the prior salary of an applicant/new employee as the sole justification for any disparity in compensation with...
read moreBond Posting Requirement When Contesting Labor Commissioner Rulings
When an employee brings a wage claim before the Division of Labor Standards Enforcement (Labor Board) asserting the non-payment of minimum wage, a determination can be made that the employer must pay a civil penalty, the unpaid wages due and liquidated damages. An...
read moreAll Gender Restrooms Required with Signage
Effective March 1, 2017, this new law will require all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities. For the purposes of this new law, the term...
read moreRequesting Additional Documentation is an Unfair Immigration Practice
An amendment to the Labor Code makes it an unlawful employment practice for an employer to request more or different documents than required under federal law: to verify that an individual is not an unauthorized immigrant, or to refuse to honor documents tendered that...
read moreDetermining Exempt vs. Non-exempt Status
Due to the ever-increasing amount of litigation being filed over the “mis-classification” of an employee as exempt vs. non-exempt, it is critical to evaluate each job and determine the proper classification for compensation purposes. If an employee is mis-classified...
read moreUscis Published New I-9 Form
On November 14, 2016 U.S. Citizenship and Immigration Services (USCIS) announced that the new I-9 Form has been published. Below is information posted by the USCIS. The changes to the Form were designed to reduce errors and enhance form completion using a computer. To...
read moreDe Minimis Time …. Is It Compensable & Subject To A Wage Claim?
In mid August, the California Supreme Court agreed to hear a case filed against Starbucks Corp. to determine whether employees can bring wage-and-hour lawsuits over short periods of unpaid time; e.g. de minimis time. The lawsuit accuses Starbucks Corp. of not paying...
read moreArbitration Agreement Contained In An Employee Handbook Found Unenforceable
The question presented to the Court in this case is whether an arbitration provision in an employee handbook is legally enforceable. In the case before the Court, the employer had an employee handbook, as most employers have these days. Also very common, the handbook...
read moreSmoking 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...
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