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...

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...

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...

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...

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...

EMPLOYMENT LAW COVID-19 UPDATE LABOR COMMISSIONER FAQ & POSTER REQUIREMENTS March 24, 2021 As we recently reported in our prior newsletter, Governor Newsom signed SB 95 into law on March 19th reviving California’s COVID-19 Supplemental Paid Sick Leave for businesses...

As we prepare for cooler weather, and the upcoming holiday season, we also need to prepare for the many new employment laws that will take effect January 1, 2021. In the final days before the deadline to sign or veto proposed legislation, Governor Newsom was busy...

POTENTIAL JOINT EMPLOYER LIABILITY WITH STAFFING AGENCIES Employers (referred to as “client-employer”) who obtain workers through a “labor contractor” (e.g. staffing agencies) can be held liable for the wage and hour violations committed by the staffing agency even if...

This year, as in past years, the Governor has been presented numerous new pieces of employment-related legislation for signature which will have significant impact upon California employers.  Most of these new laws will take effect as of January 1, 2021. Below is a...

On Friday, September 11, 2020, the Department of Labor (DOL) issued revised FFCRA regulations that will be formally published on September 16. When the FFCRA was signed into law on March 18, 2020 it required employers with fewer than 500 employees to provide up to 80...

As we all know, AB5 was passed into law on January 1, 2020, which entirely changed the landscape relating to the classification of certain workers as independent contractors. Specifically it codified and expanded the “ABC” test, which had been adopted by the 2018...

Non-Supervisory Training Programs Available On-Line While we are all currently overwhelmed addressing workplace concerns related to the COVID-19 pandemic, employers must continue to deal with non-COVID-19 workplace concerns including staying compliant with the...

PFL BENEFITS INCREASED TO 8 WEEKS OF WAGE REPLACEMENT AS OF JULY 1 Employees in California have been able to apply Paid Family Leave (PFL) which provides the employee with partial wage replacement benefits from the EDD if the employee needs to take time off of work...

TEMPORARY POLICY ON EXPIRED LIST B DOCUMENTS FOR I-9 PURPOSES The United States Citizenship and Immigration Services (USCIS) recently announced a “temporary” policy relating to the documents that may be presented by an employee for purposes of complying with Form I-9...

With the California primary election just around the corner, employers need to be mindful of California law which allows employees up to two hours of paid time to vote in a statewide election if they do not have sufficient time to vote outside of working hours....

Current law requires that an employer must provide a reasonable amount of break time to allow employees to express breast milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. Such break time that does not run...

At the end of this year’s legislative session 870 bills were signed into law by Governor Gavin Newsom, many of which will have significant impact upon California employers including the widely publicized law regarding independent contractor classifications. Below is a...

As we reported previously, the California Supreme Court, on April 30, 2018, ruled in the Dynamex v. Superior Court case that to properly classify a worker as an independent contractor, as opposed to a W-2 employee, they must meet the strict new “ABC” test.  Recently...

On July 3, 2019 California became the first state to ban workplace and school discrimination against the wearing of hairstyles such as braids, twists and locks when Gov. Gavin Newsom signed into law SB 188.  This new legislation aims to create a respectful and open...

New California Family Rights Pregnancy Disability & New Parent Leave Poster Requirement- April 1, 2019 The Department of Fair Employment and Housing has updated its poster on the California Family Rights Act and Pregnancy Disability Leave to include information about...

In a recent California Court of Appeal decision, the Court held that employees scheduled for “on-call” or “call-in” shifts may be entitled to “reporting time pay” even if the employee does not physically report to work. Summary of the Facts The employer, Tilly’s, is a...

The Department of Fair Employment and Housing (DFEH) publishes posters that provide information to employers and employees pertaining to California’s civil rights laws. These posters must be displayed in the workplace. The DFEH also publishes several brochures and...

As the holiday season approaches and as we look forward to celebrating with our friends and colleagues, employers must keep in mind the "do's and don't's" of office holiday parties. With some careful planning employers can avoid or minimize the post-holiday party...

NEW PROTECTIONS AGAINST NATIONAL ORIGIN DISCRIMINATION The California Fair Employment and Housing Council (FEHC) recently issued new regulations that provide a more detailed definition of “national origin” and “national origin groups”. The new regulations also set...

RECENTLY PASSED LEGISLATION DEFAMATION SUITS & SEXUAL HARASSMENT CLAIMS Governor Brown has recently signed Assembly Bill 2770 entitled Privileged Communications: communications by former employer: sexual harassment. AB 2770 (Irwin; D-Thousand Oaks). This bill takes...

INTERNS...TO BE OR NOT TO BE ... PAID As the summer months approach, many students will begin looking for work and some will offer to work for free as an “unpaid” intern, to gain experience in their chosen field.  Employers beware as there are very few instances in...

THE NEW “ABC’S” OF INDEPENDENT CONTRACTOR STATUS As California employers are well aware, the issue of whether a worker is properly classified as an “employee” or an “independent contractor” has long been a concern.  Misclassification can lead to potential legal...

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information...

The Adult Use Of Marijuana Act (Proposition 64) (the Act) provides that public and private employers are allowed to enact and enforce workplace policies pertaining to marijuana and are allowed to maintain a drug and alcohol-free workplace. Proposition 64 provides that...

The California Division of Labor Standards Enforcement (DLSE) (aka the Labor Commissioner) recently issued a Frequently Asked Questions (FAQ) memo regarding rest breaks and lactation accommodation. Click here for a link to the FAQs.    Rest Breaks: California...

In July, 2017, California’s Department of Fair Employment and Housing (DFEH) regulations were amended to expand protections for transgender rights in the workplace.  The additional protections included making it unlawful for an employer: to discriminate against an...

BAN THE BOX UPDATE Most employment application forms have an inquiry requiring applicants to disclose information about their prior criminal convictions before the employer even considers the applicant. The City of Los Angeles implemented a "ban the box" law earlier...

TWO IMPORTANT NEW BILLS IMPACT CALIFORNIA EMPLOYERS Just before the October 15th deadline, Governor Brown signed many new pieces of legislation, many of which will have significant impact on California small businesses. We highlight two of the recent bills here. The...

LOS ANGELES INCREASES PAID SICK LEAVE BENEFITS EFFECTIVE JULY 1, 2016 Los Angeles City Council recently voted to increase the paid sick leave benefits required to be provided to employees working within the City of Los Angeles. These paid sick leave benefits are now...

In this edition we will address two recent and very important cases for employers to review relating to the legally required paid rest breaks provided to non-exempt employees. Also addressed below is a reminder about the March 1st deadline as to the All Gender...

SPECIAL BULLETIN DECEMBER 2016 CITY OF LOS ANGELES PASSES BAN-THE-BOX ORDINANCE RESTRICTS USE OF CRIMINAL HISTORY IN BACKGROUND CHECKS On December 9, 2016, Mayor Garcetti signed the “Los Angeles Fair Chance Initiative for Hiring” (commonly referred to as “Ban the...

Following a recent court decision, AB 2535 was passed which provides that employers need not list the number of hours worked on wage statements for any employee who is exempt from minimum wage and overtime requirements pursuant to Labor Code Section 226(j) or pursuant...

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...

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...