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PAGA REFORM SIGNED

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...

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PAGA REFORM APPROVED

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...

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MINIMUM WAGE INCREASE & UPDATED NEW HIRE PAMPHLETS

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...

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PAGA IS BROKEN – BALLOT INITIATIVE TO REFORM PAGA

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...

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CALCULATING THE REGULAR RATE OF PAY FOR OVERTIME PAY

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...

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MEAL BREAK & PAY PERIOD BEST PRACTICE REMINDERS

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...

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NEW WORKPLACE DISCRIMINATION & HARASSMENT POSTER

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...

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NON-COMPETES INVALID IN 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:...

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NEW FORMS AND NEW PAID SICK LEAVE FAQ’S

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...

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MORE NEW LAWS AND SOME REMINDERS FOR 2024

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...

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MORE NEW LAWS & REGULATIONS FOR 2024

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...

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CALIFORNIA INCREASED PAID SICK LEAVE

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...

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EMPLOYMENT LAW UPDATE

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...

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STATE AND FEDERAL EMPLOYMENT LAW POSTERS AND PAMPHLETS UPDATED

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...

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NEW COVID RELATED COURT DECISIONS & I-9 UPDATE

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...

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MINIMUM WAGE INCREASE JULY 1ST

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...

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NEW LAWS

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...

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RECENT COURT DECISIONS AND NEW LEGISLATION

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...

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PAY TRANSPARENCY DISCLOSURE & PAY DATA REPORTING UPDATE

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...

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MORE NEW LAWS AND UPDATES FOR 2023

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...

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2023 UPDATED RULES & REGULATIONS

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...

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2023 UPDATED POSTERS & PAMPHLETS

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...

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MORE NEW LAWS AND UPDATES FOR 2023

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...

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CALIFORNIA REQUIREMENTS ON PAY TRANSPARENCY

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...

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NEW EMPLOYMENT RELATED LEGISLATION FOR 2023

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...

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SUPPLEMENTAL PAID SICK LEAVE EXTENDED TO 12/31/22

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...

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THE CONTINUING SAGA OF PAGA….

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...

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PAGA…. THE CONTINUING SAGA

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,...

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IRS MILEAGE RATE & MINIMUM WAGE INCREASE EFFECTIVE JULY 1st

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...

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WHAT’S ON THE HORIZON

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...

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SUPPLEMENTAL PAID SICK LEAVE POSTER

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...

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SUPPLEMENTAL PAID SICK LEAVE FAQ’S ISSUED

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...

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SUPPLEMENTAL COVID-19 PAID SICK LEAVE GOES INTO EFFECT

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...

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2022 COVID-19 SUPPLEMENT PAID SICK LEAVE 3.0

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...

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CAL/OSHA UPDATES FAQ’S AND GUIDANCE

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...

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MASK UPDATE AND EXCLUSION PAY REMINDER

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...

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MINIMUM WAGE INCREASE TO TAKE EFFECT JANUARY 1ST

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...

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NEW EMPLOYMENT LAWS IN 2022

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...

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CA DEPT. OF PUBLIC HEALTH UPDATED GUIDANCE

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...

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COVID-19 VACCINATIONS, HIPPA AND THE WORKPLACE

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”...

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LOCAL MINIMUM WAGE INCREASE TO TAKE EFFECT JULY 1ST

The next phase of the minimum wage increase for many jurisdictions will take effect on July 1, 2021. If your business is located in, or if your employees perform work in, certain jurisdictions you must comply with the “local” minimum wage for your city or county if...

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CAL/OSHA UPDATES EMERGENCY TEMPORARY STANDARDS

On June 17, 2021, the Cal/OSHA Standards Board approved the revised COVID-19 Prevention Emergency Temporary Standards (ETS) which are more aligned with the CDC and the California Department of Public Health ("CDPH") guidance regarding masks and social...

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CAL OSHA –FAQ’S UPDATED

As has been widely reported, the Cal/OSHA’s Standards Board approved what was expected to be revisions to the November 2020 Emergency Temporary Standards (ETS) at the June 3rd meeting, with an expected effective date of June 14th.  In a surprise move Cal/OSHA withdrew...

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