Legal updates
Immigration-Related Protections
Currently Labor Code Section 1019 provides protection to employees from "unfair immigration-related practices." The new law, AB 2751, expands the definition of “unfair immigration-related practice” to includes threatening to file or filing a false report or...
read moreNon-discrimination: Driver’s Licenses for Undocumented Persons
Under a law passed last year, AB 60, the California Department of Motor Vehicles (DMV) is scheduled to begin issuing driver's licenses to undocumented persons who can submit satisfactory proof of identity and California residency. AB 60 also made it unlawful for a...
read moreProhibition of Discrimination Against Public Assistance Recipients: Public Reports
AB 1792 adds Government Code Section 13084, which prohibits an employer from: • Discharging, discriminating or retaliating in any manner against an employee who enrolls in a public assistance program; • Refusing to hire a beneficiary for reason of being enrolled...
read morePenalties for Failure to Abate Safety Hazards
Cal/OSHA has the responsibility to oversee workplace safety issues and can require an employer to correct any serious workplace safety violations. Cal/OSHA can and does issue civil penalties for such violations. Under a new law (AB 1634) the Cal/OSHA Appeals Board...
read moreHarassment Prevention Training: Prevention of Abusive Conduct
For several years California law has required employers, with 50 or more employees, to conduct management training every two years to address issues of sexual harassment, discrimination and retaliation prevention. California now requires employers who are subject to...
read moreMandatory Paid Sick Leave (Effective July 1, 2015)
As we addressed in our prior newsletter, one of the most significant pieces of employment-related legislation is the Healthy Workplaces, Healthy Families Act of 2014 which provides for mandatory paid sick leave to all employees. Accrual, Caps & Carryover Employers...
read moreEmployee’s Refusal to Sign Disciplinary Notice Disqualifies EDD Claim
The California Supreme Court was recently asked to decide if an employee's refusal to sign for the "receipt" of a disciplinary notice is "misconduct" which would disqualify him from receiving Unemployment Insurance. The answer is NO. In the case, the Employer...
read moreUndocumented Workers Can Sue But False Employment Documents Limits Recovery
As has long been established by federal law, in order to obtain employment, a newly hired employee must complete the I-9 form and must present documentation to establish their identity and eligibility to work in the United States. Employers must honor the documents...
read moreFacebook Posting Breaches [Confidentiality Agreement] Results in Loss of Settlement Proceeds
Recently, a Florida district court ruled that a daughter's Facebook post mentioning the settlement of her father's lawsuit breached the confidentiality clause in the settlement agreement resulting in the father having to forfeit his settlement proceeds. The father...
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...
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