Legal updates
NLRB Postpones Implementation of Posting Requirement Until April 30, 2012
The National Labor Relations Board ("NLRB") announced that it has again postponed the implementation of the new rule requiring private sector employers who are subject to the National Labor Relations Act ("NLRA") to post a notice which informs employees of their...
read moreLong Awaited Brinker Decision Once Again Delayed….Until April 201
As was reported in our previous newsletters, the California Supreme Court heard oral argument on the Brinker case on November 8th. And under the Rules of Court, the Supreme Court is required to issue decisions 90 days after a case is submitted, so a decision was...
read moreReasonable Accommodation of Disabilities: What Is Legally Required?
Disability discrimination litigation seems to be on the rise. For this reason, it is critical for employers to understand their obligations and the protections provided to employees and applicants under both state and federal laws. These laws provide that individuals...
read moreNotice to Comply With Wage Theft Protection Act Form
As discussed in our Year End Newsletter, one of the laws affecting California employers, effective January 1, 2012, is the requirement to provide a notice to new hires which complies with newly enacted Labor Code §2810.5(a) entitled Wage Theft Protection Act of 2011....
read moreIRS Announces 2012 Standard
The IRS issued the 2012 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business purposes. Beginning January 1, 2012, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be...
read morePregnancy Disability Leave and Health Insurance Coverage Policies Require Updating
Remember that under the recent revisions to the laws governing Pregnancy Disability Leaves as contained in Gov’t Code §12945, employers are required to maintain health insurance coverage for the duration of the pregnancy disability l eave, not to exceed 4 months (in a...
read moreCourt Decision Explains Reporting Time Pay and Split Shift Premiums
The California Court of Appeal recently found that employees are not entitled to "reporting-time pay" when they report to work for a scheduled shift (such as for a meeting) and work at least one-half of the scheduled time, even when that time is less than two hours....
read moreNew Laws for 2012
Governor Brown was busy signing new legislation this year which impacts California employers. Below is a list of the more significant laws that will impact operations and which require your immediate attention for compliance. Unless specified, all new legislation goes...
read moreSupreme Court Update on Brinker
Finally, after waiting for three years from the time the case was originally granted review, the California Supreme Court will hear oral arguments in Brinker Restaurant Corporation v. Superior Court on November 8, 2011, and (eventually) determine whether an employer's...
read moreCourt Denies Recovery of Attorneys’ Fees for Employer in Wage and Hour Lawsuit
In yet another unfavorable decision in yet another wage and hour lawsuit, the Court recently decided that an employer who prevailed in a wage and hour case is not entitled to recover its attorneys' fees under Labor Code Section 218.5, even though Section 218.5...
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