California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Best Practices For California Employers

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Ignoring these legal notices can create liability for California employers

Posted in Best Practices For California Employers, Wage & Hour Law
man signing documentHappy Friday!  This Friday’s Five provides five legal requests and/or notices that, if ignored, can create huge liability for a California employer. 1. Requests for personnel records and time records There are many different Labor Code provisions that obligate the employer to provide current and former employees with a copy of their personnel files and/or… Continue Reading

Friday’s Five: When employers can be liable for supervisor’s conduct

Posted in Best Practices For California Employers, Resources
Employers are strictly liable for the actions of its supervisors, managers or agents under the doctrine of respondeat superior.  Here are five key concepts employers must understand about the liability that could be created by managerial employees. 1. Respondeat superior holds employers automatically liable for actions by managers The respondeat superior doctrine provides that “an… Continue Reading

Understanding joint employer liability

Posted in Best Practices For California Employers, Class Actions, Wage & Hour Law
Joint employer liability can arise in many different contexts, such as when using staffing agencies, management companies, or in even in the franchise context.  Companies must understand the factors a court could apply in determining if a potential joint employer relationship exists between the two entities to avoid being potentially liable for employment lawsuits filed… Continue Reading

California Supreme Court closes out 2016 with monumental ruling on employer’s obligations to provide rest periods

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Wage & Hour Law
Woman restingIn Augustus v. ABM Security Services, Inc., the California Supreme Court issued a ruling on employer’s obligations to permit employees to take “off-duty” rest periods.  The Court’s ruling ends 2016 with a major ruling on issues surrounding rest periods under California law. The plaintiffs worked as security guards for defendant ABM.  The employer required to… Continue Reading

Friday’s Five: Los Angeles City employers cannot seek criminal background information beginning in 2017

Posted in Best Practices For California Employers, Employee Handbooks
Downtown LAMayor Garcetti signed into law the “Los Angeles Fair Chance Initiative for Hiring” ordinance on December 7, 2016.  The law takes effect January 22, 2017.  The Mayor’s holiday gift to employers leaves only a couple of weeks to them to change applications and hiring processes to comply with the new ordinance.  This Friday’s Five lists… Continue Reading

Five things to know about reporting time pay under California law

Posted in Best Practices For California Employers, Class Actions, Resources, Wage & Hour Law
California employers cannot forget about detailed employment provisions such as reporting time pay.  This Friday’s Five provide a list of five things California employers should understand about reporting time pay: 1.  What is reporting time pay? California law requires an employer to pay “reporting time pay” under the applicable Wage Order.  This requires that when… Continue Reading

Five negotiation tactics used in mediations that litigants must understand

Posted in Best Practices For California Employers, Resources
SuitHaving just attended the Advanced Mediation Conference hosted by the State Bar of California Labor and Employment Law Section, it occurred to me how intimidating a mediation can be for even sophisticated business operators.  I wanted to share five concepts brought up at the conference that I would like all of my clients to understand… Continue Reading

Five of the most asked questions by California employers

Posted in Best Practices For California Employers, California Legislation Update, New Cases, Resources, Wage & Hour Law
I hope everyone is having a great Thanksgiving weekend.  This Friday’s Five is about five common questions I’m receiving from California employers at the close of 2016. 1. Does the legalization of recreational use of marijuana in California with the passage of proposition 64 change employer’s rights to prohibit it in the workplace? No.  Proposition… Continue Reading

U.S. Federal Court judge puts DOL overtime rules on hold

Posted in Best Practices For California Employers, Class Actions, Exempt Employees, New Cases, Wage & Hour Law
Employers across the nation have been preparing to increase salary levels for managers to meet the higher salary level requirements implemented by the Department of Labor earlier this year under the Fair Labor Standards Act (FLSA).  The DOL rules were set to take effect on December 1, 2016, and require that employers must pay employees… Continue Reading

DOL overtime rules changes: five checklist items for CA employers reclassifying employees

Posted in Best Practices For California Employers, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
The DOL’s change in the federal overtime rules requiring a higher salary threshold ($47,476 paid annually) for employees to qualify as an exempt employee takes effect December 1, 2016.  This Friday’s Five discusses five final checklist items California employers should consider when reclassifying from exempt employees to nonexempt employees. 1. The DOL rule changes are… Continue Reading

Five possible employment law changes under President Trump

Posted in Best Practices For California Employers, California Legislation Update, Resources, Wage & Hour Law
TrumpWhat a week – and here we are at Friday already.  This Friday’s Five focuses on how President Trump could change the employment landscape on the federal and California levels. 1.      Department of Labor’s overtime regulations effective December 1, 2016 are still on course to take effect, but could be changed in 2017. As I’ve… Continue Reading

Don’t lose sight of duties required to meet exempt status – Friday’s Five

Posted in Best Practices For California Employers, Exempt Employees
With attention on the DOL’s salary increase required to meet the white collar exemptions, it is important for employers to remember that this is only one-half of the test to qualify for as an exempt employee.  The law also requires that the employee perform more than 50% of their time performing exempt duties.  For this… Continue Reading

Five new laws facing California employers in 2017

Posted in Best Practices For California Employers, California Legislation Update
This Friday’s five summarizes five new laws that were just approved by the Governor last week, and California employers need to heed going into 2017: 1. AB 1843 – Juvenile Criminal History The new law prohibits employers from asking or taking into consideration juvenile convictions. The law states, “employers [are prohibited] from asking an applicant… Continue Reading

Friday’s Five: End of September employment law wrap-up

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Exempt Employees, New Cases
This Friday’s Five is a bit of everything: news, new California employment laws, and reminders about October 1 deadlines for the City of San Diego:  1. House moves to delay DOL overtime rule implementation. There is a great article by Lisa Jennings from Nation’s Restaurant News summarizing the House’s move to delay the overtime rule… Continue Reading

Five video excerpts from my recent presentation

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Resources, Seminar, Wage & Hour Law
Welcome to Friday’s Five!  Here are five video excepts from a presentation I conducted in September 2016 to a group of restaurateurs: exempt employee overview the DOL’s increase in the salary basis test and what it means for employers California’s minimum wage – state and local considerations   Please let me know if you have… Continue Reading

Ninth Circuit invalidates arbitration agreement with class action waiver – five points California employers should understand

Posted in Best Practices For California Employers, Class Actions, New Cases, Wage & Hour Law
Recently, the Ninth Circuit Court of Appeals issued an opinion in Morris v. Ernst & Young holding that class action waiver in an arbitration agreement were unenforceable because the class action waiver was contrary to the rights provided to employees under the National Labor Relations Act.  The ruling is contrary to the holdings in the… Continue Reading

Five free resources of mine you are not using

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, Employee Handbooks, Resources, Seminar, Wage & Hour Law, Wrongful Termination
I bet your lawyer has never uttered those words to you (unless, of course, I am your lawyer).  For today’s Friday’s Five, I wanted to remind readers about five free resources I offer.  That’s right – they are absolutely free.  Happy Friday. 1.  Download the termination checklist I’m a big proponent of checklists.  Even if… Continue Reading

San Diego’s changing minimum wage and paid sick leave law – five updates to know

Posted in Best Practices For California Employers, California Legislation Update, Resources
The City of San Diego passed the Earned Sick Leave and Minimum Wage Ordinance which took effect on July 11, 2016.  Now, less and two months later, the City has approved an “Implementing Ordinance” clarifying the law’s regulations.  The Implementing Ordinance takes effect on September 2, 2016.  This Friday’s Five provides five issues that have… Continue Reading

California Supreme Court agrees to review Starbucks’ de minimis defense

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Coffee cupDouglas Troester filed suit alleging that Starbucks violated the California Labor Code by failing to pay him for short periods of time he spent closing the store.  He alleged that Starbucks failed to pay him for time spent walking out of the store after activating the security alarm, for the time he spent turning the… Continue Reading

Five reminders about sexual harassment training for supervisors under California law

Posted in Best Practices For California Employers, Employee Handbooks
I’ve been conducting many harassment prevention trainings for clients during the last few weeks.  Employers in California with 50 or more workers must provide at least two hours of sexual harassment prevention training to all supervisors.  The regulations regarding the training is becoming more and more detailed.  Therefore I thought it would be good to… Continue Reading
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