On November 14, 2016 U.S. Citizenship and Immigration Services (USCIS) announced that the new I-9 Form has been published. Below is information posted by the USCIS. The changes to the Form were designed to reduce errors and enhance form completion using a computer. To...

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...

The question presented to the Court in this case is whether an arbitration provision in an employee handbook is legally enforceable. In the case before the Court, the employer had an employee handbook, as most employers have these days.  Also very common, the handbook...

Legislation passed earlier this year changes some of the rules relating to smoking in the workplace and expand already-existing smoke-free workplace protections. The changes were effective on June 9, 2016. Existing law prohibits employers from knowingly or...

In November 2015, the U.S. Citizenship and Immigration Services (USCIS) announced proposed changes to the Form I-9, Employment Eligibility Verification. The Office of Management and Budget recently approved the final version of the new Form I-9, and the USCIS must...

The Division of Industrial Relations (DIR) issued a press release on August 31, 2016 announcing their on-line complaint processing system to make it easier for alleged Labor Code violations to be made…..Just what California employers need…. The press release states in...

Effective April 1, 2016, the Fair Employment and Housing Act (FEHA) was amended to address numerous aspects of discrimination, harassment and other workplace issues. One issue that has become an recent “hot topic” is whether an employee is permitted to bring their...

The U.S. Department of Labor announced on July 26, 2016 that changes to two of the federal employment law posters have been made – which changes are effective August 1, 2016 so employers must act quickly to remain in compliance. These required updates affect the...

The Federal Department of Labor has recently released a new Family and Medical Leave Act (FMLA) poster for use by employers covered by the FMLA (those with 50 or more employees). The new poster, dated April 2016, is reformatted and contains additional information on...

With the presidential campaigns underway, it is likely that some employees may engage in political discussions at work. These discussions can create controversy, animosity and other concerns for employers. Employees have certain protections regarding their right to...

As is well known, employers are required to provide rest breaks to all non-exempt employees whose total daily work time is at least 3.5 hours. These rest breaks must be at the rate of 10 “net” minutes for every four hours worked or “major fraction thereof.” In a...

Employers who are served with wage garnishments on behalf of their employees must adjust the amounts withheld. Beginning July 1, 2016, a withholding order cannot exceed the lesser of: 25 percent of an individual’s weekly disposable earnings; or 50 percent of the...

In 1995 California’s ban on smoking in the workplace was implemented prohibiting employers from knowingly or intentionally permitting the smoking of tobacco products at work, including lobbies, lounges, waiting areas, stairwells, elevators and restrooms, or in an...

On May 18, 2016, the Department of Labor (DOL) announced the long awaited changes to the Fair Labor Standards Act (FLSA) regulations that significantly affect who may continue to be classified as exempt under the executive, administrative and professional exemptions...

On April 4, 2016, Governor Brown signed Senate Bill 3 into law which addresses several issues including an increase of the state’s minimum wage. The minimum wage shall increase as of January 1, 2017 with additional increases through January 1, 2022 when it reaches...

As was discussed in our last Special Bulletin, the Department of Fair Employment and Housing (DFEH) has issued amended regulations relating to an employer’s obligation to prevent and remedy workplace harassment. Additional amendments will also become effective April...

The USCIS published a notice on March 28, 2016 informing the public of proposed changes to Form I-9, Employment Eligibility Verification, as the current form is set to expire 3/31/16. The public comment period runs until April 27, 2016. A summary of the proposed...

New regulations regarding an employer’s obligation to prevent workplace misconduct have been adopted by the California Fair Employment and Housing Council (FEHC). Implementation of these new regulations will be by the Department of Fair Employment and Housing (DFEH),...

All employers must have notices posted in the workplace which  are legally required by both state and federal regulations. The posting must be in a conspicuous area accessible to all employees at each worksite. The size of the workforce will determine which posters...

Well I am not sure how it happened, but it’s the end of the year again .... and with year-end comes planning to implement all the new laws which take effect in 2016, and let’s not forget planning some holiday festivities.  Below is a summary of many of the new laws...

Historical Gender Based Wage Differentials It has been reported that in 2014 a woman working full-time in California earned an average of $.84 to every dollar a man earned, and the national average is a wage gap of $.78 to the dollar. The wage gap is much worse for...

As has been widely publicized and consumed much time in discussion and analysis, employers are reminded that effective July 1, 2015 the State of California’s Mandatory Sick Leave law will become effective. While the poster was required to be in place by January 1,...

The U.S. Department of Labor recently announced that the definition of “spouse” for purposes of the Federal Family and Medical Care Leave Act (FMLA) has been expanded to include same sex partners. In brief, the FMLA (and the California equivalent - California Family...

Effective January 1, 2015 there are several new posters that must be displayed in the workplace and forms that need to be provided to employees. Below is a summary of those necessary new posters and forms for distribution. PAID SICK LEAVE POSTER As was discussed in...

Last year,  Labor Code Section 226.7 was amended to prohibit employers from requiring employees to work during a recovery period taken in accordance with heat illness regulations.   This year, SB 1360 confirms that rest and recovery periods are paid breaks and count...

AB 1897 imposes new liability on employers who contract for labor to hold them accountable for any wage-and-hour violations if they use staffing agencies or other labor contractors to obtain workers. In summary, the law provides that if a labor contractor fails to pay...

Labor Code Section 98.6 prohibits an employer from undertaking any action that is discriminatory or retaliatory against an employee who complains of Labor Code violations.  Such conduct can result in a $10,000 penalty against the employer. Under AB 2751, the Labor...

Under current law, an employer who pays less than the minimum wage is subject to a Labor Commissioner citation that includes a civil penalty, restitution and liquidated damages (Labor Code Section 1197.1). AB 1723 authorizes the Labor Commissioner to also recover...

Currently employees are allowed time off to perform services as emergency rescue personnel.  The law has been revised by AB 2536 to expand the definition of "emergency rescue personnel.”  The new definition shall include an officer, employee or member of a disaster...

The California Fair Employment and Housing Act (FEHA) has been amended by AB 1443 to: •    Provide protections against harassment to unpaid interns and volunteers; •    Provide protections against discrimination in an unpaid internship or in another limited duration ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Hiring the right person for the job is what every employer hopes to achieve. But finding good employees can be difficult and employers use various methods to help screen candidates. With the abundance of information on-line, Employers are looking to social media in...

With the new trend of 'e-cigarettes' the question becomes whether the use of such devices can be prohibited from the workplace. An e-cigarette is a battery powered device that provides inhaled doses of vaporized liquid, which usually contains nicotine and is an...

California Minimum Wage Increases to $9.00 July 1, 2014 As has been widely publicized, California’s  minimum wage will increase to $9.00 per hour effective July 1, 2014.  This is the first of a two step increase with the second increase to $10.00 per hour effective...

WINTER 2013     Well its that time of year again... time for planning the holidays, planning for the new year and with that comes the planning required with the legislation signed into new law in 2013 that will take effect during 2014. Below is a summary of many of...

All employers must have newly hired employees complete a I-9 form to establish their identity and their right to work in the United States.  The I-9 form has been revised many times and the U.S. Department of Homeland Security just issued an updated I-9 Form. While...

Now that the end of the year is fast approaching, it’s time to review what new laws the Governor has signed into law from the 2012 legislative session. Some of these new laws have previously been addressed in prior newsletters, but they are worth mentioning again...

The NLRB also recently held that standard at-will language in a non-union Employee Handbook violates section 7 of the National Labor Relations Act. The Employee Handbook stated:  “I further agree that the at-will employment relationship cannot be amended, modified or...

Many employers conduct a criminal history check with the background investigation of applicants as it is both reasonable to do so, and in some circumstances necessary to do so to avoid claims of “negligent hiring”.  Some businesses cannot legally employ felons and...

Many employers are increasingly frustrated with the decisions granting unemployment insurance (UI) benefits to terminated employees.  Since a termination does not automatically preclude an employee from collecting benefits,  it is important to understand the EDD’s...

Advising Employees to Maintain Information Confidential Violates Section 7 of the NLRA Most private employers are under the impression that the National Labor Relations Act (NLRA) and the governing National Labor Relations Board (NLRB) only govern union employment...