Legal updates
Federal Overtime Rule ON HOLD
As has been widely reported in the past few weeks, the new federal overtime rule, which was supposed to become effective on December 1st, has been put on hold due to the preliminary injunction issued by a Federal court in Texas on November 22, 2016. As we reported...
read moreMinimum Wage Increase for 2017
As part of the minimum wage increase law passed last year, the next step up of the minimum wage occurs on January 1, 2017 as follows: Effective Date 26+ Employees 25 or Less Employees Current $10.00 $10.00 1/1/17 $10.50 $10.00 1/1/18 $11.00 $10.50 1/1/19 $12.00 $11.00...
read moreUse 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...
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