California law is very precise when it comes to the payment of wages, when final wages are to be paid, what is to be recorded on an employee’s wage statement (or pay-stub), along with a multitude of other laws and regulations – the non-compliance of which can result...

California employers are legally required to post a notice to employees advising them of their right to take time off for the purpose of voting in statewide elections. The California Secretary of States office has provided samples of the required notice. The notices...

COURT FINDS EMPLOYER'S GOOD FAITH BELIEF RELIEVES EMPLOYER OF PENALTIES California Labor Code Section 226 has long required that employees be provided with detailed wage statements every pay period. The Labor Code also provides that the “knowing and intentional”...

UPDATED WORKERS' COMPENSATION POSTER TO INCLUDE NOTICE OF RIGHT TO CONSULT AN ATTORNEY Current Labor Code Section 3550 provides that California employers subject to the workers’ compensation system are required to post notices in the workplace advising employees of...

Following the recent reform legislation that significantly modifies PAGA, employers should begin to take proactive steps to minimize or eliminate potential liability with the litany of potential labor law violations which could give rise to a PAGA lawsuit. A BRIEF...

As anticipated, Governor Gavin Newsom has signed legislation to reform the Private Attorneys General Act (PAGA), following a multi-party effort between business and labor groups. As a result of this new legislation, the FIX PAGA November ballot initiative has been...

On June 18, 2024 Governor Newsom announced that an agreement has been reached to reform the Private Attorney General’s Act (PAGA). This action is in response to the pending November Ballot measure which we have previously reported on that sought to completely overall...

LOCAL MINIMUM WAGE INCREASE Employers located within the City and County of Los Angeles City should mark their calendars to implement the upcoming minimum wage increase, effective July 1, 2024. LOS ANGELES CITY On February 1, 2024 Los Angeles City announced that the...

THE FUTURE OF PAGA ON NOVEMBER BALLOT As has been the law for two decades, the Private Attorney Generals Act (PAGA) allows “aggrieved” employees to file a lawsuit on behalf of themselves and on behalf of other “aggrieved” employees (as their “representative”) and on...

As the July 1, 2024 deadline for implementing a Workplace Violence Prevention Plan (WVPP) is quickly approaching, California’s Division of Occupational Safety and Health (“Cal/OSHA”) has now published a Model Workplace Violence Prevention Plan to assist employers in...

Paying overtime seems simple-hourly non-exempt employees are paid either 1.5x or 2x their rate of pay for overtime hours worked. However, in reality, calculating overtime is more complex as the overtime rate is not based on the “hourly rate of pay,” but instead must...

MEAL BREAK REQUIREMENTS MUST BE STRICTLY ENFORCED California law requires that employers “shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes.” Additionally, if...

Civil Rights Department Updates Workplace Discrimination & Harassment Poster All California employers are required to display certain posters and information regarding the law on harassment, discrimination, and other workplace topics. The poster entitled “California...

NON-COMPETES INVALID IN CALIFORNIA For many years, California has long disfavored restrictive covenants in employment agreements; California’s Business and Professions Code Section 16600 invalidates virtually any contract that includes a “restraint on trade” stating:...

UPDATED WAGE THEFT PROTECTION ACT NOTICE PUBLISHED Since 2011, California employers have been required to provide their employees with the Wage Theft Protection Act Notice, which provides specific information about the employees’ wages and paid sick leave...

RETALIATION PRESUMED TO EXIST One of the many laws that Governor Newsom signed was Senate Bill 497 (SB 497), known as the “Equal Pay and Anti-Retaliation Protection Act.” This new law amends Labor Code Sections 98.6, 1102.5, and 1197.5. At Will Employment California...

Governor Newsom was presented with 1,046 bills to consider for the 2024 legislative session. By the October 14th deadline, 890 bills were signed and of those 80 new employment related bills were signed. Below is a brief summary of some of the new laws affecting the...

Well, this was inevitable....on October 4, 2023 Governor Newsom signed Senate Bill 616 (“SB 616”) into law amending California’s paid sick leave law (the Healthy Workplaces, Healthy Families Act of 2014) which changes include increasing the amount of leave that is...

PROTECTIONS FOR FREELANCE WORKERS IN LOS ANGELES The Los Angeles City Freelance Worker Protections Ordinance, effective July 1, 2023, seeks to provide assurances to freelance workers that they are “treated fairly and receive the compensation they are due." What does...

Due to the passage of several new laws, employers must update certain workplace posters: Federal Minimum Wage notice, (applicable to all employers), was updated in response to the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act that passed at the...

First the bad news.... COURT FINDS REIMBURSEMENT OF COVID RELATED WORK FROM HOME EXPENSES REQUIRED As employers are well aware, California Labor Code §2802(a) requires employers to reimburse employees “for all necessary expenditures ... incurred by the employee in...

On Monday, July 17, 2023 the California Supreme Court issued its much anticipated decision in Adolph v. Uber (Supreme Court Case No. S274671) and, as expected, the California high court in an employee friendly ruling, found that a PAGA Plaintiff does not lose...

LOS ANGELES CITY MINIMUM WAGE It’s that time of year again.... time for the Minimum Wage increase... On February 1, 2023, the City of Los Angeles Office of Wage Standards announced the coming increase for July 1, 2023 which is based upon the Consumer Price Index for...

PREGNANT & NURSING EMPLOYEE RIGHTS EXPANDED In the recent Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees. Pregnant Workers Fairness...

NO WAITING TIME PENALTIES IF “GOOD FAITH” BELIEF THAT NO WAGES ARE DUE As California employers are all too aware, when an employee claims that they have not been paid all the wages they were entitled to during employment and final wages are not timely paid at the time...

COURT SAYS ARBITRATION AGREEMENTS CAN BE MANDATORY CONDITION OF EMPLOYMENT Last week, in a long-awaited decision, the Ninth Circuit Court of Appeals gave California employers a win in ruling that California employers can, once again, mandate arbitration agreements as...

LABOR COMMISSIONER FAQ’S ON PAY TRANSPARENCY As we reported previously, California passed a new law (SB 1162) which requires covered employers to provide pay scale disclosures under the Equal Pay Act. These requirements became effective on January 1, 2023. The new law...

IRS MILEAGE RATE INCREASE Employers must provide reimbursement to their employees “for all necessary expenditures or losses incurred…in direct consequence of the discharge of [their] duties…” (Labor Code Section 2802). This would include reimbursing employee’s for the...

As we begin the new year, California employers must continue to follow the various COVID-19 related regulations and laws that remain in effect, or which will take effect and apply to the workplace in 2023. Cal-OSHA Issues New Permanent COVID-19 Standard In...

There are many state, local, and federal posters that employers must display in a conspicuous place in the workplace(s) and pamphlets that must be distributed to employees providing information on a variety of employee rights. Effective January 1, 2023 the following...

EEOC UPDATED WORKPLACE DISCRIMINATION POSTER The EEOC laws pertaining to discrimination in the workplace governs employers with 15 or more employees. In addition, covered employers regulated by the federal Age Discrimination in Employment Act (ADEA) are those...

The California Equal Pay Act has, for many years, prohibited employers from paying its employees less than employees of the opposite sex for equal work.  Then in 2015 the California Fair Pay Act modified the Equal Pay Act – most significantly by changing the language...

Well, its that time of year again.... school is back in session, fall is in the air, the holidays will be upon us shortly.... and the Governor has been busy signing new legislation affecting the workplace. Below is a summary of some of the many bills signed by...

California’s COVID-19 Supplemental Paid Sick Leave (SPSL) was to expire on September 30, 2022; however, as anticipated, on September 29th, the Governor signed AB 152 which extends available COVID-19 SPSL to December 31, 2022, to enable employees to take any unused...

THE CONTINUING SAGA OF PAGA.... As has been widely reported in recent weeks, the Supreme Court of the United States (SCOTUS) issued a ruling which was very favorable for employers in relation to PAGA actions - Viking River Cruises, Inc., v. Moriana. In the Viking...

As has been recently and widely reported, the U.S. Supreme Court’s long await decision in the Viking River Cruise v Moriana case held, in essence, that California employers can include a Private Attorney General Act (PAGA) waiver in employment arbitration agreements,...

On June 15, 2022, the Supreme Court of the United States (SCOTUS) issued the greatly anticipated decision in Viking River Cruises, Inc. v. Moriana, holding that California employers require their employees who entered into a valid arbitration agreement containing...

IRS MILEAGE RATE INCREASE Effective July 1, 2022 through December 2022, the IRS optional standard mileage reimbursement rate for business travel will increase from 58.5 cents to 62.5 cents per mile. The IRS has stated the “IRS is adjusting the standard mileage rates...

California law has long provided that if an employee misses or is denied the right and/or opportunity to take a timely and otherwise legally compliant meal and rest break, the employee is entitled to be paid one hour at their regular rate of pay as a “penalty.” Labor...

MINIMUM WAGE INCREASE SET FOR JULY 1ST Effective July 1, 2022, all non-exempt employees covered by the Los Angeles Minimum Wage Ordinance will be required to be paid the new minimum wage of $16.04. A copy of the Wage Ordinance can be found here. The current applicable...

As we have reported in previous newsletters, California has enacted the 2022 COVID-19 Supplemental Paid Sick Leave law requiring employers with 26 or more employees provide two separate “buckets” of 40 hours each of paid sick leave for qualifying reasons. The law goes...

The Division of Labor Standards Enforcement has issued its FAQ’s which provides clarification and further explanation as to the implementation of the 2022 Covid-19 Supplemental Paid Sick Leave (SPSL) benefits. The FAQ’s address the following topics which are...

As we recently reported the California legislature had proposed a COVID-19 Supplemental Paid Sick Leave bill (AB 84) which would provide for the payment of Supplemental Paid Sick Leave benefits to employees similar to the law which expired in September 2021. The law...

As has been in the recent news reports, on January 25, 2022 Governor Newsom announced that California will be implementing a new version of Covid-19 Supplemental Paid Sick leave (SPSL). While the final terms of the bill have not been announced, based on the draft...

On January 14, 2022, Cal-OSHA’s revised Emergency Temporary Standards became effective. To assist employers with compliance, an updated FAQ and additional Fact Sheets were issues. FACT SHEET ON ISOLATION & QUARANTINE The Fact Sheet provides workers and employers with...

LADPH REQUIRES EMPLOYERS TO PROVIDE MEDICAL GRADE MASKS On January 5, 2022, the Los Angeles County Dept of Public Health issued updated guidance (effective January 6, 2022) which provides: Requires all employers to provide face masks to all employees “who work indoors...

On January 1, 2022, the California state minimum wage increased and is set to increase again next year as follows: CALIFORNIA MINIMUM WAGE RATE Effective Date Employers With 26 or More Employees Employers With 25 or Fewer Employees 1/1/2022 $15/hour $14/hour 1/1/2023...

As we begin the new year, it’s time to review the new laws that became effective January 1st. While not as expansive as in prior years, there are several new laws impacting the workplace. Below is a summary of the new employment laws that should be noted. Personnel...

California Department of Public Health’s Modified Recommendations On Isolation and Quarantine On December 30, 2021, the California Department of Public Health (CDPH) issued updated guidance for the General Public which reduced the amount of time for isolation and/or...

EMPLOYMENT LAW COVID-19 UPDATE In response to numerous inquiries on the status of vaccination records and related information, the Health & Human Services (HHS) Office for Civil Rights (OCR) issued guidance entitled “HIPAA, COVID-19 Vaccination, and the Workplace”...