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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Five common questions about California’s paid sick leave requirements

Posted in Best Practices For California Employers, Wage & Hour Law
Almost two years after California’s requirement to provide employees with paid sick leave, there are still many outstanding questions about California’s Healthy Workplace Healthy Family Act of 2014.  These issues still exist even after Governor Jerry Brown signed Senate Bill 3 on April 2016 amending the Act attempting to clarify a few provisions of the… Continue Reading

Friday’s Five: Meal and rest break update

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks
Welcome to another Friday’s Five video.  In this video I discuss five things every California employer needs to know about meal and rest breaks.  The items consists of a some reminders, but also new court decisions issued in December 2016 and the first quarter of 2017.  This is always a topic employers need to continually… Continue Reading

Five steps to prepare for July 2017 local minimum wage increases in California

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Wage & Hour Law
Many cities and counties across California are set to increase their minimum wages in July 2017, and employers need to start preparing now.  For example, Los Angeles City and County are increasing the minimum wage for employers with 26 or more employees to $12 per hour on July 1, 2017 (currently at $10.50 per hour).… Continue Reading

Five reminders about exempt employees working in the restaurant industry

Posted in Best Practices For California Employers
In a recent decision, Ramirez v. ISB Mehta Corp., a restaurant successfully defended a lawsuit filed by a former manager claiming that he was misclassified as an exempt employee.  While the case is not officially published, it provides a few good lessons for restaurant operators’ classification of their employees.  This Friday’s Five focuses on the… Continue Reading

California proposed immigration bill imposes steep fines for employers who cooperate with federal immigration requests

Posted in Best Practices For California Employers, California Legislation Update, Uncategorized
Assemblymember David Chiu (D-San Francisco) introduced a bill – AB 450 – that would put employers between the federal government and the state of California in the immigration debate.  Basically, the bill imposes penalties on employers who cooperate or do not notify the state of federal immigration actions taking place at their locations.  As set… Continue Reading

Five action items to conduct an appropriate harassment investigation

Posted in Best Practices For California Employers, Harassment and discrimination
A couple of weeks ago I wrote about an employer’s obligations to conduct effective investigations into harassment claims.  I was side tracked since that post, and promised to write about how employers should conduct the investigations.  This Friday’s Five lists five action items employers should utilize when conducting harassment investigations: 1. Selecting the investigator Employers… Continue Reading

Commissioned sales employees must be compensated separately for rest breaks – Vaquero v. Stoneledge Furniture

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Wage & Hour Law
This week, in Vaquero v. Stoneledge Furniture LLC, a California appellate court issued a decision explaining employer’s obigations to separately compensate employees paid on a commission basis for rest breaks. Plaintiffs worked as sales associates for Stoneledge Furniture, LLC, a retail furniture company doing business in California as Ashley Furniture HomeStores.  Stoneledge paid the sales… Continue Reading

Allegations made from Uber employee reminds CA employers about their obligations to conduct effective investigations into harassment claims

Posted in Best Practices For California Employers, Harassment and discrimination
A former employee at Uber has made news this week in claiming that she was subjected to sexual harassment while working at Uber, and her complaints were not satisfactorily resolved.  I don’t want to get into the judgment of who was possibly right or wrong in this case, but use it as a good opportunity… Continue Reading

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
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